The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the police officer AV’s act of inspecting the Defendant in the course of criminal investigation by mismisunderstanding the facts or misapprehending the legal principles on the charges of violating the traffic law by a person without a name, constitutes legitimate execution of duties, the lower court acquitted the Defendant of interference with the performance of official duties among the facts charged in the instant case, or erred by misapprehending the legal principles on the legality of performance of duties, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (two years of suspended sentence for one year of imprisonment and two hours of community service order) is too uneasy and unreasonable.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below in light of misunderstanding of facts or misunderstanding of legal principles, the court below is justified in finding the defendant not guilty of obstruction of performance of official duties among the facts charged in this case, and there is an error of law by misunderstanding facts or by misunderstanding of legal principles as to legality of performance of official duties as alleged by the prosecutor in the judgment of the court below.

Therefore, the prosecutor's above assertion is without merit.

B. Each of the crimes of this case is unfair in sentencing. The crime of this case is very poor because the defendant conspireds to cause a traffic accident by intentionally inducing the insurance money, and such crime causes serious moral hazard and unnecessary social costs, and thus, the damage therefrom is needed to return to the good insurance subscribers, and there is an unfavorable circumstance against the defendant, such as the fact that the defendant has a record of criminal punishment for the same kind of crime. However, the defendant's mistake and reflects the defendant's mistake, and it is agreed or partly damaged with most damaged insurance companies.