The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (7 million won in penalty) imposed by the court below is too unfased.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The crime of obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the Defendant committed the instant crime during the period of suspended execution due to an indecent act by force.

However, in full view of the following facts: (a) the Defendant recognized the mistake of the Defendant; (b) the degree of the assault of this case is not excessive; (c) the Defendant did not have the record of the same kind of crime; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions indicated in the pleadings, such as the circumstances after the crime, etc., the lower court’

Therefore, prosecutor's assertion is not accepted.

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 appeal is without merit.