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. Under our criminal litigation law taking the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The crime of obstructing the performance of official duties requires strict punishment as an offense detrimental to the State’s function by nullifying a legitimate exercise of public authority.

Upon receipt of a report, the Defendant took a bath for returning home from a police officer, without any particular reason, and assaulted a police officer's breath by making a breath.

The defendant has not made efforts to recover damage to the victim until now.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant is against all of the crimes of this case.

The extent of the assault inflicted on the victim by the defendant is not too serious.

The defendant has no record of criminal punishment before the crime of this case is committed.

Such circumstances are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, environment, motive, means and consequence of the crime, all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee, the sentence imposed by the lower court is deemed appropriate and it does not seem unfair as it is too low.

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.