The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4.5 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 a 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 is punished for the same kind of crime.

However, in full view of the following circumstances: (a) the Defendant’s mistake and reflects the Defendant’s health conditions; (b) the fact that there is no special change in circumstances after the pronouncement of the lower judgment; and (c) the Defendant’s age, sex behavior, environment, motive and circumstance of the offense; and (d) the circumstances after the commission of the offense, etc., as indicated in the instant records and theories on changes, the lower court’s punishment is too unfeasible 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.