The prosecutor's appeal is dismissed.

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case was committed on a vehicle driven by a female-friendly Gu while under the influence of alcohol by the Defendant, and the police officer committed an assault against a female-friendly Gu police officer to measure drinking, and the nature of the crime is not good. In order to establish the State’s legal order and to eradicate the light of public authority, the crime of interference with the performance of official duties, such as this case, requires strict punishment, the degree of interference with the performance of official duties, is not weak, and the Defendant did not receive any tolerance from the victimized police officer.

However, considering the favorable circumstances such as the Defendant’s confession of the instant crime and the fact that the Defendant appears to have committed the instant crime by contingency, the Defendant’s records of the crime related to the Defendant’s final violence are old for ten years, the Defendant’s health status is not good, and other favorable circumstances, such as the Defendant’s age, sex and behavior, environment, motive, means and consequence leading to the instant crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the instant crime, the sentence imposed by the lower court cannot be 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 prosecutor's appeal is without merit. It is so decided as per Disposition.