The prosecutor's appeal is dismissed.

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The act of obstructing the performance of official duties, such as the crime of this case, is deemed to disrupt the state function and infringe on the personal legal interests of public officials, and thus, the liability for the crime is grave, and the degree of violence used by the defendant is not weak. However, it is recognized that the defendant recognized the crime of this case, and there is no record of punishment exceeding the punishment power or fine due to the same crime, the defendant has no record of punishment exceeding the punishment power or fine due to the same crime, and in consideration of all the sentencing conditions on the records of this case, such as the defendant's age, sexual behavior, environment, family relationship, circumstance after the crime, etc., the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.