The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. In order to establish a national order on the grounds of appeal and eradicate the light of the public authority, the fact that there is a need to strictly punish a crime of obstructing the performance of official duties is disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the defendant does not repeat again while he reflects his mistake, that the defendant has no record of punishment exceeding the same kind of punishment or fine, and that there are some circumstances that can be considered in the living environment of the defendant.

In addition, considering the Defendant’s age, gender and environment, motive, means and consequence of the crime, and all of the sentencing factors in the process of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable.

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.