The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. The Defendant’s crime of this case is deemed to obstruct the police officer’s legitimate execution of duties, and the nature of the crime is not good in light of the background, method, and contents of the crime, and the crime of obstruction of performance of official duties requires strict punishment as an offense detrimental to the State’s function by obstructing the exercise of legitimate public authority.

However, in full view of all the circumstances, including the defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the court below is too unjustifiable and it cannot be deemed unfair, and the prosecutor’s assertion is without merit.

3. Therefore, 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.