The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence of the lower court (five million won of a fine) is too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined punishment by taking into account the following factors: (a) the nature of the crime is inferior in light of the process and method of the crime; (b) the person who committed the crime of obstruction of performance of official duties, committed an agreement with the victim; (c) the victim does not want the punishment; (d) the degree of assault is relatively minor in the case of the crime of obstruction of official duties; (e) the police officers who want to be punished by a fine for drunk driving in 2004; and (e) there are no other criminal records except the punishment once imposed by a fine for a drunk driving in 204;

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.