The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of obstruction of the performance of official duties is an unfavorable circumstance that the crime of obstruction of the performance of official duties ought to be strictly punished as a crime detrimental to the function of the State.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the punishment imposed by the lower court is too uneasible and unreasonable, in light of the following factors: (a) the Defendant was the first offender who was not a previous criminal; (b) the police officer expressed his intention not to punish him; and (c) and (d) the victim police officer expressed

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