The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. The judgment of the accused committed the instant crime without being aware of during the period of probation due to the instant crime, and the obstruction of the performance of official duties should be strictly punished as a crime detrimental to the function of the State by nullifying legitimate exercise of public authority.

However, considering various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, the punishment imposed by the court below is too unfasible and 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.