The prosecutor's appeal is dismissed.

1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing prosecution pursuant to Article 327 subparag. 6 of the Criminal Procedure Act on the ground that the victim expressed his/her wish not to punish the Defendant after instituting the instant prosecution, and sentenced him/her guilty of the remainder of the facts charged except this. The prosecutor only filed an appeal on the ground of unfair sentencing as to the guilty portion, and thus, the part dismissing the prosecution was separated and finalized as it is.

Therefore, the scope of the judgment of this court against the judgment below is limited to the conviction except the above dismissed dismissal part.

2. The prosecutor of the gist of the grounds for appeal asserts that the sentence imposed by the court below (one year of suspended sentence in six months of imprisonment) is too unfluent and unfair.

3. Determination of the crime of this case is acknowledged that the crime of obstruction of performance of official duties is a crime that, under the influence of alcohol, the Defendant inflicted a bodily injury on a police officer who sent the disturbance and damaged the patrol car, and that the crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, requires strict punishment.

However, considering the following circumstances: (a) the Defendant recognized the instant crime; (b) there has been no previous conviction, and there has been no record of punishment exceeding the fine so far; and (c) the Defendant’s family members were killed in several times and deposited KRW 3 million to F; and (d) deposited the damaged patrol police officers; and (b) there has been no special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; (c) the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the crime; and (d) other circumstances that form the conditions for sentencing as indicated in the instant argument and the record, the sentence imposed by the lower court is too unfford.