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 at the police station’s seat plate of a vehicle owned by the Defendant, which was kept in custody due to the unpaid payment of an administrative fine, was returned to the police officer who took a bath, attached the number plate again to the above vehicle, and the police officer who took the above situation into a mobile phone, and subsequently inflicted an assault, the crime of obstructing the performance of official duties, such as this case, needs to be punished in order to establish the state’s legal order and eradicate the light of public authority, and the Defendant did not receive any tolerance from the victimized police officer.

However, in light of the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, and all of the sentencing conditions indicated in the records and the theory of changes, such as the fact that the Defendant led to the confession of the instant crime, the degree of interference with the execution of official duties is not significant, and the Defendant does not seem to be unfair on the ground that the sentence imposed by the lower court is uneasible 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.