The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal in light of the following: (a) the crime of obstruction of performance of official duties, such as the Defendant’s instant crime, requires a strict punishment even for respect for public authority and maintenance of social order; (b) the Defendant committed the instant crime despite a similar criminal record; and (c) the Defendant did not deny and reflect the crime in the course of the investigation; and (d) the circumstances after the crime were committed due to a lack of attendance during the lower court and the trial proceeding, etc., the sentence (7 million won of a fine) imposed by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing is too unfeasible and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.