The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish a crime obstructing the performance of official duties.

However, in full view of the following factors: (a) the Defendant was a primary offender and commits a misunderstanding in depth; (b) resulting in a contingent case under the influence of alcohol; and (c) other various sentencing conditions as shown in the instant pleadings, such as the background of the instant crime; (b) circumstances after the commission of the crime; and (c) the Defendant’s age, sexual conduct, and environment, the lower court’s punishment is too uneasible and thus, it is not deemed 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.