The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, in order to establish the State’s legal order and to eradicate a state’s situation where it is necessary to strictly punish the crime of interference with the performance of official duties, such as this case, for the following reasons: (a) the criminal act of this case was committed against a police officer who was dispatched after receiving a report of 112, and thus obstructing the performance of official duties by assaulting him.

However, in full view of various sentencing factors in the process of trial and records, such as Defendant’s age, sex, family environment, motive and background of a crime, means and consequence of a crime, etc., the lower court’s punishment is too uneasy and unreasonable, and thus, it cannot be deemed unfair, given that there is no history of punishment for the same kind of crime in the past, it appears that the crime in the past was committed in a somewhat contingent and contingent manner under the influence of alcohol.

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.