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 committed by the Defendant, in the course of arresting the Defendant on the charge of assault, obstructs the performance of official duties with the wheels of a police officer who is performing official duties, causing injury, and the nature of the crime is not very good, and the crime of obstructing the performance of official duties needs to be punished in order to establish the state’s legal order and eradicate the light of public authority.

However, there are favorable circumstances such as the confession of the Defendant to commit the instant crime and reflects his mistake in depth, the fact that the instant crime was caused by contingency while under the influence of alcohol, the fact that there was an agreement with the victimized police officer, and the fact that there was no record of criminal punishment.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions indicated in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it does not seem 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.