The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of the performance of official duties. The instant crime is a situation unfavorable to the Defendant, on the ground that the police officer dispatched after receiving 112 report was asked where the Defendant was located, thereby obstructing the police officer’s legitimate performance of official duties concerning crime prevention, etc. by assaulting the police officer in uniform and obstructing the police officer’s legitimate performance of official duties concerning the crime prevention, etc.

However, the circumstances are favorable to the defendant, such as the confession of the crime of this case, the depth of his mistake is divided, the defendant appears to have committed the crime of this case in a contingent manner under the influence of alcohol, the degree of the assault of this case is not severe, and the defendant has no record of criminal punishment.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the records and trial process of this case, such as the defendant’s age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the court below is too uneasible.

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.