The prosecutor's appeal is dismissed.

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

2. The offense of obstruction of the performance of official duties is not good for the defendant to exercise the direct force against the police officer, and the offense of obstruction of the performance of official duties is serious. It is necessary to do so because the defendant’s direct force against the police officer violates legitimate public authority.

However, in full view of the following factors: (a) the Defendant’s mistake is divided; (b) there is no criminal conviction except the suspended sentence for traffic crimes in 1990; (c) the substance and degree of damage caused by the used violence is relatively minor; and (d) other various sentencing conditions, including the circumstances of the instant crime, the means and methods of the crime; and (c) the circumstances after the commission of the crime, etc., the lower court cannot be deemed to have been sentenced to an excessive minor punishment beyond the bounds of reasonable discretion in determining sentencing.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.