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. In order to establish the legal order of the judgment state and eradicate the light view of public authority, there is a need to strictly punish the crime of interference with the performance of official duties, such as the instant case, even though the Defendant had been punished several times due to violent crimes, etc., the Defendant committed the instant crime again during the period of repeated crime, and the fact that the Defendant did not receive a letter from the victimized police officer is disadvantageous to the Defendant.

On the other hand, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the degree or result of the commission of the crime is not relatively much serious; and (c) deposited KRW 1 million for the victimized police officers.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and unfair.

Therefore, prosecutor's assertion is without merit.

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.