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 Defendant committed the instant crime during the period of repeated crime, the crime of obstructing the performance of official duties is highly necessary to punish with a view to establishing national legal order and eradicating public power, and there are records of having been punished several times due to violent crimes (i.e., punishment and suspension of execution).

However, it is favorable for the Defendant to recognize and reflect the instant crime, the fact that the Defendant appears to have committed the instant crime by contingency while under the influence of somewhat under the influence of alcohol, and that the degree of assault is relatively excessive.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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.