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 crime of this case is an unfavorable circumstance, where the Defendant did not pay a drinking value at his main point and received a report and did assault, and thus, the nature of the crime is not good. In order to establish the state’s legal order and to eradicate a light of public authority, the crime of interference with the performance of official duties, such as this case, need to be punished.

However, it is advantageous to the following: (a) the Defendant made confession of the instant crime while committing the instant crime; (b) the Defendant appears to have reached the instant crime in a contingent manner while under the influence of alcohol; (c) the degree of interference with the performance of official duties is not severe; (d) the Defendant did not have any record of the same crime; and (e) the Defendant did not have any record of the crime exceeding the fine; (b) the Defendant paid the fine by provisional payment after the sentence of the lower judgment; and

In light of the above circumstances, including equity in sentencing with the same and similar cases as above, and all other factors of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence thereof, the circumstances after the instant crime, etc., the sentence imposed by the lower court does not seem to be unfair and 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.