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 that interferes with the performance of official duties, such as the instant case, and the fact that the Defendant did not receive a letter from the victimized police officer is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected his mistake, the degree or result of the crime is relatively not much severe, and the fact that there is no particular criminal history except for punishment once a fine is imposed as a punishment for a long time, is favorable to the defendant.

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.

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.