The prosecutor's appeal is dismissed.

1. The sentencing of the court below (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable.

2. Determination

A. In light of the fact that the instant crime was committed by a police officer upon receipt of a report by the Defendant, such as walking the left elbow part of the police officer, and thus obstructing the performance of official duties, it is not good to commit the instant crime, and that there is a need to punish the police officer with obstruction of performance of official duties, in order to establish the state’s legal order and eradicate the light of public authority, and thus, it is necessary to punish the police officer with excessive responsibility.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to the previous punishment and sentence, and that the Defendant led to confession and reflects the instant crime, that deposited KRW 500,000 for the victimized police officers, and that there are two wifes and two children who are students.

C. The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, including the Defendant’s age, family relationship, living environment, details and consequence, and circumstances after the crime.

3. The appeal by the prosecutor of the conclusion 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.