The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (two months of imprisonment, two years of suspended execution, and eight hours of community service) is deemed to be too uncomfortable and unfair.

2. Determination

A. In light of the fact that the crime of this case is committed with injury to police officers dispatched by the Defendant upon receiving a report and obstructing the performance of official duties, and that there is a need to strictly punish the Defendant in order to establish the state’s legal order and eradicate the danger of public authority, and thus, it is necessary to punish the Defendant for the crime of obstruction of performance of official duties.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant did not have been sentenced to previous punishment and imprisonment, led to a confession and a mistake, committed a contingent crime, deposited one million won each for the victimized police officers, and had the wife and children to support.

In addition, considering all sentencing conditions in the instant case, such as Defendant’s age, living environment, details and motive of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.