The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. Determination interference with the performance of official duties is an element of sentencing unfavorable to the Defendant that is a crime that has undermined the legitimate exercise of public authority and thus has to be strictly punished.

However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., the sentence imposed by the court below is too unfasible and unfair, in light of the fact that the Defendant has no record of criminal punishment except for the suspension of indictment as a type of 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 prosecutor's appeal is without merit. It is so decided as per Disposition.