The prosecutor's appeal is dismissed.

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is a normal situation where the defendant committed an act of disturbance at a restaurant and received 112 reports to the police officer who was sent to the police officer who was urged to return home from the victim, and the nature of the crime is not good. The crime of obstructing the performance of official duties, such as this case, requires strict punishment, the degree of interference with the performance of official duties, and the defendant has been punished several times for violent crimes, including the same crime, and in particular, on June 2, 2015, he was sentenced to imprisonment with prison labor for not less than one year and ten months at the District Court of the Republic of Korea on June 23, 2016 and was sentenced to a repeated crime on June 23, 2016, without being aware of the fact that the crime of this case was committed during the period of repeated crime after completion of the execution of the sentence.

However, in light of all the sentencing conditions indicated in the records and theories of this case including the defendant's age, sex behavior, environment, motive and circumstance leading to the crime of this case, means and consequence, etc., it cannot be deemed unfair since the sentence imposed by the court below is unfeasible, considering the favorable circumstances, such as the defendant's confession of the crime of this case and the fact that the defendant committed the crime of this case is deemed to have been committed by contingency while under the influence of alcohol, the victim police officer wanting to support the defendant's wife, the defendant must support the defendant's health, and the balance in sentencing with similar cases in favor of the defendant's mother, and other favorable circumstances.

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.