The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime of obstructing the performance of official duties, such as the instant case, and the Defendant has a record of having been punished several times due to violent crimes, etc., and there is a record of having been punished due to the same kind of crime of obstructing the performance of official duties.

On the other hand, the following are the circumstances favorable to the defendant: (a) the defendant acknowledges the crime of this case and reflects his mistake; (b) the victim police officer expressed his intention that he does not want the punishment of the defendant; and (c) the degree or result of the crime is not much

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and unfair.

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

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.