The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of obstruction of performance of official duties like this case requires strict punishment. The crime of this case is committed by the defendant in response to the legitimate demand of the police officer who was in the course of performing official duties, and the quality of the crime is not good. However, the defendant has no same criminal power, and there is no past record of criminal punishment after he/she was sentenced to a fine for violent crime in 1990, and there seems to have been any contingent crime of this case under the influence of alcohol, the degree of damage by the police officer seems to have committed the crime of this case is relatively minor, and the degree of damage by the defendant is relatively minor, and the defendant's age, character, environment, motive, means and consequence of the crime of this case, and all the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, etc. do not seem to be unfair since the prosecutor's assertion above is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the term "Article 70 and Article 69(2) of the Criminal Act" of "Article 70 and Article 69(2) of the former Criminal Act" shall be amended as "Articles 70 and 69(2) of the former Criminal Act" in the application of the law of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

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