The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (a fine of five million won) is too unhued so far as the gist of the grounds for appeal is unreasonable.

2. Determination

A. In light of the fact that there is a need to strictly punish a crime of obstruction of the performance of official duties in order to establish a state’s legal order and eradicate the light of public authority, and that the instant crime was committed during the period of suspension of execution, etc., the Defendant is not subject to strict liability.

B. Meanwhile, there are circumstances that can be considered, such as the fact that the Defendant did not have any previous punishment or sentence, confession and reflects a crime, and the degree of obstruction of the performance of official duties is not heavy.

In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.