The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., in a case where the Defendant’s act is a crime resisting the public authority by legitimate enforcement of the law, and requires strict punishment to recover the public confidence in the public authority, and the Defendant’s previous record of punishment as an obstruction of performance of official duties is two times or more. In light of the above, the Defendant’s act is deemed to be so unfair that the amount of fine of five million won imposed by the lower court against the

2. Taking into account the circumstances where the prosecutor’s decision on the grounds of appeal is well-founded, considering the fact that the Defendant appears to have committed the instant crime by drinking alcohol, the degree of violence or damage is relatively minor, the recognition of mistake is contrary to the fact that the Defendant’s decision is contrary to the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, intelligence and environment, the sentence imposed by the lower court against the Defendant is appropriate and the determination is not unreasonable.

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.