The prosecutor's appeal is dismissed.

1. In light of the substance of the instant crime and the nature of the crime, the punishment of the lower court (three million won of a fine) shall be too minor.

2. The instant crime was committed by assaulting a police officer with whom the Defendant had performed legitimate duties, and the nature of the instant crime is extremely poor in light of the circumstances of the crime, the method of the commission of the crime, etc.

This crime of obstruction of the performance of official duties needs to be done strictly in that it impairs the authority of the public authority and brings about obstacles to the establishment of legal order.

However, considering the fact that the Defendant recognized his mistake and divided, the Defendant appears to have committed the instant crime by drinking and contingently, and the alcohol counseling center is receiving counseling treatment by each error that the Defendant would drink after the instant case, the Defendant deposited KRW 2 million to the police officer who is the victim, the primary offender, and the Defendant is a university student preparing for the nursing public official examination, and is expected to live as a sound member of society, it is deemed desirable to give the Defendant a thorough warning of the seriousness of the instant crime and give an opportunity to live with compliance consciousness and faithfully with the instant case.

In full view of these circumstances, comprehensively taking into account all the sentencing conditions stipulated in Article 51 of the Criminal Act including the Defendant’s age, character, conduct and environment, etc., the prosecutor’s assertion is without merit, since the lower court’s punishment is too unjustifiable.

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