The prosecutor's appeal is dismissed.

1. Of the facts charged in this case, the lower court dismissed the prosecution on the charge of assault, and convicted the Defendant of obstruction of performance of official duties.

Therefore, since only the prosecutor appealed the conviction part and did not appeal the dismissal part, the dismissal part that the defendant and the prosecutor did not appeal was separated and confirmed as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

3. Unless there are circumstances where the first instance court’s determination of sentencing is deemed to have exceeded the reasonable scope of discretion, or where it is deemed unfair to maintain the first instance court’s determination of sentencing by comprehensively taking account of the newly discovered materials in the appellate court’s appellate trial process, it is reasonable to respect the first instance court’s sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared to the lower court’s failure to submit specially new sentencing data in the trial, and considering all of the sentencing reasons revealed in the proceedings of the instant case (in particular, the fact that the Defendant reflects the Defendant’s mistake, that the victimized police officer agreed with the Defendant, and that the Defendant continued to receive mental treatment of alcohol dependence on alcohol after the instant case), it cannot be deemed that the lower court’s sentencing was too unfluent and exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.