The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light view of the public authority, there is a need to strictly punish the obstruction of performance of official duties, and the Defendant’s use of force directly by breathing a police officer’s breath in the course of arresting a flagrant offender, etc. is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, thereby contravening the mistake; (b) the Defendant did not have any history of having been punished for the same crime of gambling and obstruction of performance of official duties; and (c) the degree of exercise of force against police officers is not serious; and (d) other factors that are the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and conditions before and after the instant crime, the lower court’s sentence against the Defendant cannot be deemed unreasonable because

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.