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. In order to eradicate a state’s legal order and the light of public authority, there is a need to strictly punish a crime obstructing the performance of official duties. The instant crime was committed by a police officer who called out after receiving a report that the Defendant did not pay a taxi fee without any justifiable reason when the police officer solicits him to return home, and without any reason, and thus, in light of the circumstances and contents of the instant crime, the crime was committed disadvantageous to the Defendant. However, the Defendant goes against the instant crime; the Defendant is the primary offender without any history of criminal punishment prior to the instant case; the Defendant was the first offender with no history of criminal punishment; the Defendant’s age, sexual behavior, environment, motive and background of the crime; the means and consequence of the crime; and the circumstances after the crime, etc., the Prosecutor’s assertion that the sentence of the lower court is too unfair because it is too unreasonable, without any justifiable reason.

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.