The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The instant crime was committed by the Defendant with a desire to commit the instant crime against police officers and obstructed their performance of duties by assaulting them. The crime of obstructing official duties, such as the instant crime, requires more severe punishment to establish public authority and legal order, etc., which is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions shown in the pleadings of this case, including the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance after the crime, etc., it is difficult to view that the sentence imposed by the court below is too unfeasible and unfair, in light of the following: (a) the Defendant has no record of being punished for the same kind of crime; (b) the Defendant reflects the instant crime while under the influence of alcohol; and (c) the Defendant appears to have committed the instant crime

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.