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. The crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus requires strict punishment in order to establish the legal order of the State and eradicate the light of public authority, and the Defendant committed the instant crime without being aware of it during the period of suspension of execution.

However, in full view of the following circumstances, such as the fact that the Defendant recognized his mistake and commits the instant crime under the influence of alcohol, the fact that the Defendant committed the instant crime by contingency, the fact that there was no punishment for the same kind of crime, the fact that there was no special change in circumstances after the sentence of the lower judgment, and the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.

Therefore, the 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. It is so decided as per Disposition.