The prosecutor's appeal is dismissed.

1. The sentence (3 million won in penalty) declared 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 was committed against a police officer who was dispatched after receiving a report from another person while the defendant was assaulted by another person, and the face of a police officer is walking once. As a result, the defendant was arrested to a police officer, and the fire officer again obstructed the police officer's face and face of a police officer and emergency medical service activities of a fire officer by walking in one time due to the defect in order to verify the defendant's upper condition, and thereby obstructing the fire officer's face and face of a police officer and walking in one time. In light of the circumstances of the crime, behavior patterns, etc., the crime was poor, the police officer wanted to punish the defendant strictly, and the crime was committed against the defendant. To establish a national legal order and eradicate the public power, it is necessary to strictly punish the defendant with such obstruction of performance of official duties.

However, in full view of the circumstances favorable to the defendant and other factors such as the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime in this case, etc., it is deemed that the sentence imposed by the court below is too unreasonable and unfair, in view of the following factors: (a) the defendant's mistake is recognized and against the defendant; (b) the result of the crime in this case does not occur; (c) the victim police officers or firemen are injured by the crime in this case; (d) the victim police officers or firemen have expressed their intent not to have the criminal punishment; and (e) the victim who has no record of criminal punishment has expressed their intent not to have the criminal punishment.

3. In conclusion, the prosecutor's appeal 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.