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. The crime of this case is not deemed to be a crime of assaulting a police officer dispatched after receiving a report by the defendant. The defendant was punished nine times for violent crimes, and re-offending during the period of suspended execution, and there is a need to strictly punish an act of obstructing the performance of official duties in order to establish the national legal order and eradicate the light of the public authority.

However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, background leading to a crime, means and method of a crime, and circumstances after a crime, the punishment imposed by the court below is too uneasible and unreasonable, in light of the following: (a) the Defendant’s mistake is against the Defendant; (b) it appears that he/she would have committed a contingent crime on the road in which he/she intends to commit a suicide by disregarding his/her life under the influence of alcohol; and (c) the degree of assault by the Defendant’s use is relatively heavy; and

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.