Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower court (three million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant is against the defendant's wrong recognition and has committed the instant crime in contingency under the influence of alcohol, and the fact that there is no punishment for the same kind of crime is favorable to the defendant.

However, the crime of obstructing the performance of official duties is a crime detrimental to the function of the State by nullifying a legitimate exercise of public authority, and requires strict punishment in order to establish the state’s legal order and eradicate the light of public authority. In light of the following: (a) there is no special change in circumstances after the decision of the court below was made; and (b) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (c) the sentence imposed by the court below is appropriate; and (d) it is deemed that it is too heavy or too unreasonable, and thus

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.