The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case on the ground that the police officer, who was called out after receiving a report that the defendant was under the influence of alcohol and recommended the defendant to return home, thereby obstructing the police officer's legitimate performance of official duties by taking a attitude that the defendant, in his hand, seems to go back to the above police officer by drinking once again, after the above police officer was put on his hand. In light of the circumstances of the crime and the attitude of the act, etc., the crime of this case is inferior, and there is a need to punish the above act of obstructing the performance of official duties for the purpose of establishing national legal order and eradicating the light of public authority.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects in depth, the degree of assault in the crime of this case is not severe, and there is no significant result in the other party police officer's injury in the course of the crime of this case, and the fact that there is no record of criminal punishment for the same kind of crime, etc., and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

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