The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one month of imprisonment with prison labor and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant committed an act of destroying or threatening to destroy a bank or book, which is a river facility by burning the Defendant’s detention. The crime of this case is committed by assaulting the police officers dispatched upon receiving a 112 report, and thus obstructing legitimate execution of their duties. In order to establish a state’s legal order and eradicate the public power, it is necessary to strictly punish the crime of interference with the performance of official duties.

On the other hand, there is no record of criminal punishment that the defendant had previously been subject to criminal punishment, the fact that the defendant recognized the crime of this case and reflects the mistake thereof, the fact that the defendant committed the crime of this case in a state of mental and physical weakness due to the compilation assistance, the part damaged by the crime of violating the River Act appears to have been naturally restored, and each 70,000 won deposited for the victimized police officers, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion 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 by the court below (Article 25 (1) of the Rules on Criminal Procedure: Provided, That in the application of the law of the court below ex officio pursuant to Article 25 (1) of the Rules on Criminal Procedure, the "Article 95 subparagraph 8 of the Act related to 1. Criminal facts and Articles 95 and 46 subparagraph 2 of the River Act (which are likely to damage or damage river facilities, choice of imprisonment)," and Article 136 (1) of the Criminal Act (the point of obstructing the execution of official duties) of the same Act, the "Article 136 (1) of the same Act concerning the crime of 1.