The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of suspended sentence of imprisonment with prison labor for April, and 40 hours of community service order) is too uneasible and unreasonable.

2. The crime of obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the fact that the crime of this case is not good and that the case is not weak is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant has no history of criminal punishment except for those subject to a fine once due to drinking alcohol driving; (b) appears to have committed any contingent crime in the state of drinking; (c) the Defendant recognized a mistake at present; and (d) the Defendant’s age, criminal records, sexual intercourse, occupation, environment, motive and circumstance of the crime; (b) means and method of the crime; and (c) all of the sentencing conditions, such as the circumstances after the crime, etc., the Defendant’s punishment is too unflu

Therefore, prosecutor's assertion is not accepted.

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.