The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant violated traffic laws and regulations and obstructed the performance of official duties by assaulting a police officer to control the violation. In light of the degree and motive reason of obstructing the performance of official duties, the liability for the crime is not easy.

However, the defendant recognized the crime of this case, is deeply divided, and is hard to prevent recurrence.

The Defendant was the first offender who had no record of criminal punishment prior to the instant case, and appears to have committed the instant crime somewhat contingent, and paid KRW 500,000 as consolation money upon the request of the victimized police officer for payment order.

The lower court seems to have determined a sentence by comprehensively taking into account the aforementioned various circumstances, Defendant’s age, sex, environment, family relationship, and the circumstances after the crime.

The sentencing of the lower court is within the reasonable scope of its discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, the sentence imposed by the court below cannot be deemed to be unfair because it is too uneasible.

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.