The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case was committed by the Defendant who was arrested as an offender in the act of committing an offense, and thus obstructing the police officer’s legitimate performance of duties by assaulting and assaulting the police officer. Taking into account the need to strictly punish the crime of obstructing the performance of official duties in order to establish the legal order of the State and eradicate the light of public authority, the Defendant’s liability for the crime is light.

However, in full view of the favorable circumstances such as the defendant's recognition of a crime and reflects his mistake, the defendant seems to have reached contingent crimes under the influence of alcohol, and the fact that the defendant has no record of punishment for the same kind of crime, and other factors of sentencing as shown in the pleadings, such as the defendant's age, sex, environment, motive and circumstance of a crime, means and consequence of a crime, etc., the prosecutor's assertion is without merit, since the sentence imposed by the court below is too uneasible and unfair.

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.