The prosecutor's appeal is dismissed.

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is an unfavorable circumstance where: (a) the Defendant took a bath to a police officer who was called out after receiving a report on the disturbance from the alcohol house; and (b) the nature of the crime is not good; (c) in order to establish the state’s legal order and to eradicate the light of public authority, the crime of interference with the performance of official duties, such as this case, need to be punished; and (d) the Defendant did not receive a letter from the victimized police officer.

However, there are favorable circumstances, such as the Defendant’s confession of the instant crime and reflects in depth, the Defendant appears to have reached the instant crime contingent, the degree of interference with the execution of official duties of this case is not severe, and the Defendant has no record of the same crime and no criminal record exceeding the fine.

In addition to the above circumstances, taking into account the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, the sentence imposed by the lower court cannot be deemed unfair as it is deemed 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 prosecutor's appeal is without merit. It is so decided as per Disposition.