The prosecutor's appeal is dismissed.

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The following facts are the circumstances unfavorable to the Defendant: (a) the Defendant has a history of criminal punishment as a violent crime; (b) the Defendant’s heavy punishment is necessary for the crime obstructing the performance of official duties, such as this case, in order to eliminate the awareness of the legitimate public authority and establish a legal order.

However, in full view of the favorable circumstances, such as the Defendant’s age, sexual behavior, environment, family relationship, etc., where the Defendant is under the influence of alcohol, but is recognized as committing the instant crime, the degree of violence that the Defendant used to a police officer is relatively excessive, the Defendant did not have any history of criminal punishment for the crime interfering with the performance of official duties, and the Defendant did not have any history of criminal punishment for other crimes, the Defendant’s age, sexual behavior, environment, family relationship, etc., the sentencing of the lower court is too uneas

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.