The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(2) In order to establish the State’s legal order and eradicate the light of public authority, the Defendant’s act of obstruction of performance of official duties requires strict punishment, and the Defendant is deemed to have a record of having been sentenced to the same kind of crime even before the instant crime was committed, but on the other hand, the Defendant’s physical strength at the time of the instant crime was relatively excessive, and the degree of interference with police officers’ performance of duties is minor. In full view of all the sentencing factors in the instant records and trial process, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the instant crime was committed, etc., it cannot be deemed that the sentence imposed by the lower court exceeded the scope of reasonable discretion, or it is unreasonable to deem the Defendant to have exceeded the bounds of reasonable discretion.

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