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. Circumstances unfavorable to the defendant are as follows.

There is a need to strictly punish the obstruction of the performance of official duties for the establishment of public authority and the protection of legal order.

The Defendant was sentenced to imprisonment with prison labor for five years for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof in 2010, and completed the execution of the sentence, and again committed the instant crime during the period of repeated crimes.

Defendant has been punished several times for a crime related to violence.

Circumstances favorable to the defendant shall be as follows:

The defendant is led to confession and is against the law.

The defendant seems to have caused any contingent crime of this case under the influence of alcohol.

Although the defendant temporarily duplicatedly assaulted the victim, the defendant did not injure the victim due to the assault by the defendant.

The defendant agreed with the victim, and the victim does not want to punish the defendant.

Defendant shall have family members to be supported.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.