The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as the penalty (two million won of a fine) declared by the lower court is too unfilled.

2. The crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying a proper exercise of public authority, and thus requires strict punishment. The crime of this case is an assaulting a police officer dispatched to the site after receiving a report on the Defendant’s act of destroying and damaging property in the subway, which is disadvantageous to the Defendant.

On the other hand, considering the following circumstances: (a) the Defendant was a primary offender who had no previous conviction; (b) the confession and reflect of the instant crime; (c) the Defendant committed a contingent crime under the influence of alcohol; (d) there was a family member to support; and (e) the victim of the damage to property and the police officer who caused the damage to pay the damage to the victim of the damage to property; and (c) the Defendant agreed to pay the damage smoothly. In addition, considering the various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, motive, means and consequence of the instant case’s pleading, and the circumstances after the instant crime, the sentence imposed by the lower court

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.