The prosecutor's appeal is dismissed.

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

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). With respect to the crime of obstruction of performance of official duties, it is necessary to establish the legal order of the State and to eradicate the light of public authority.

However, the defendant's mistake is divided, and reflects the truth, and the defendant has no record of being punished as a crime of violence or obstruction of performance of official duties.

Considering such circumstances, as well as the Defendant’s age, occupation, criminal record (two times a fine) and living environment, circumstances leading to the instant crime, and the circumstances after the commission of the crime, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion or be deemed to be unfair because it is too unreasonable.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.