The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The judgment of the Defendant committed the instant crime without being subject to the suspension of execution, even though the Defendant was under the period of suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the crime of obstructing the performance of official duties requires more severe punishment to establish public authority and legal order, etc.

However, in full view of the following facts: (a) there is no record that the Defendant has been punished for the same kind of crime; (b) it appears that the Defendant recognized the instant crime and against the mistake; and (c) it appears that the degree of violence committed by the Defendant F by the Defendant appears to be relatively heavy; and (d) and all other factors of sentencing as indicated in the pleadings of the instant case, including the Defendant’s age, sex, environment, and family relationship, it is difficult to view that the sentence imposed by the lower court

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