The prosecutor's appeal is dismissed.

1. The sentence (1.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The crime of this case is an act of assaulting a police officer in order to obstruct the measurement of drinking by a police officer who was dispatched after receiving a report of a traffic accident under the influence of alcohol by the defendant, and thus, the nature of the crime is not good. In order to establish the State’s legal order and eradicate the light of public authority, the crime of interference with the performance of official duties, such as this case, needs to be punished strictly.

However, there are favorable circumstances such as the Defendant’s confession of the instant crime and reflects in depth, the fact that the Defendant appears to have reached the instant crime contingent, the degree of interference with the execution of official duties is not severe, and the Defendant has no record of the same crime, and there is no criminal record exceeding the fine.

In light of the above circumstances, including equity in sentencing with the same and similar cases as above, and all other factors of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence thereof, the circumstances after the instant crime, etc., the sentence imposed by the lower court does not seem to be unfair and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.