The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, and thus requires strict punishment in order to establish the legal order of the State and eradicate the light of public authority.

However, in full view of all the circumstances that form the conditions for sentencing as shown in the records and pleadings of this case, including the fact that the defendant recognized his mistake and is against himself, the fact that there is no criminal punishment for the same kind of crime, the fact that there is no special change in circumstances after the decision of the court below was made, and the defendant’s age, character and behavior, environment, motive and circumstances after the crime, etc., it is not recognized that the sentence of the court

Therefore, the prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal 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.

4. The correction of the original judgment of the court below is to be corrected ex officio by correcting the following parts:

Application of Statutes

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competitive Act (the punishment stipulated for the crimes of obstruction of performance of official duties against police officers F with the heavier punishment, among the crimes of obstruction of official duties, and the punishment against police officers F with heavier punishment);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;