The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of obstruction of performance of official duties like this case requires strict punishment. The crime of this case is a case where the defendant committed an assault against the victimized police officer who was dispatched after receiving a report of the disturbance under the influence of alcohol, leading to his desire to commit the crime, and thus, the crime of this case is not proper. However, although the defendant has committed an act of this case, the defendant is resisting the mistake in the confession of the crime of this case, there is no same criminal power, and there is no same kind of crime record, and the crime of this case appears to have been committed by the police officer by contingency under the influence of alcohol, the degree of damage by the damaged police officer is relatively minor, and other factors, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, the means and consequence after the crime, etc., are considered as the circumstances after the crime, the prosecutor's allegation above is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the phrase “1. Inward detention” in the application of the law of the court below ex officio shall be corrected to the phrase “Articles 70(1) and 69(2) of the Criminal Act” as “Articles 70 and 69(2) of the former Criminal Act before the amendment by Act No. 12575 of May 14, 2014.”

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