The prosecutor's appeal is dismissed.

1. Since it is reasonable to impose a penal detention on a person who has the same jurisdiction as the defendant in the summary of the grounds for appeal, the sentence imposed by the court below (the amount of 600,000 won) is not appropriate.

2. One-time fine for a violation of the Punishment of Minor Offenses Act, one-time suspension of execution of official duties, and the defendant's disturbance for three hours in the state of placement, resulting in an obstacle to the police officer's duties, causing an obstacle to the officer's quality of such crime, and is therefore disadvantageous to the defendant.

However, the fact that the defendant recognizes and reflects the crime, the defendant commits the crime of this case contingently, and Article 50 (1) of the Criminal Code provides that "severity of the punishment shall be determined by the order of entry in Article 41.

Article 41 of the Criminal Act provides that "The types of punishment shall be stated in the order of death penalty, imprisonment without prison labor, loss of qualification, suspension of qualifications, fines, misdemeanor imprisonment, minor fine, and confiscation. Thus, the punishment imposed by the court below is more severe than that of penal detention (see Supreme Court Decision 2001Do5131, May 28, 2002) and other various circumstances that are the conditions for the punishment specified in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime.

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.