The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of obstructing the performance of official duties, such as the instant case, need to be punished strictly. However, in full view of the following circumstances: (a) the Defendant’s mistake recognized and against himself; (b) the Defendant deposited a certain amount of money for the victimized police officer in the first instance trial; and (c) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime; and (d) other circumstances constituting the conditions for sentencing as indicated in the instant records and the changed theories, such as the circumstances after the crime, etc., the lower court’s punishment is too uneasible and deemed unfair.

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.