The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, requires severe punishment to establish the national legal order and eradicate the light of public authority, and the defendant has been punished several times, and the defendant has committed the crime of this case without being aware of it during the period of suspension of execution due to fraud, but the defendant is recognized as committing the crime of this case, but the defendant is not aware of the fact that the defendant recognized the crime of this case and is against the police officer, the degree of assault committed by the defendant is relatively less severe, the defendant is causing the crime of this case in contingency under the influence of alcohol, the balance between the general punishment of the same and similar incidents, the balance between the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence of the court below is unfair because it is too uneasible 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.