A. The lower court’s punishment (five million won in penalty) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the deliberation of the first instance regarding the determination of sentencing, and the fact that the court of appeal ex post facto character of the appellate trial, etc., if there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (B) The instant crime is an act of assaulting a police officer who is duly performing his/her duties, and the nature of the offense of the instant case is not good, and the Defendant has a number of records of having been punished by violent crimes, and in particular, the Defendant committed the instant crime without being involved

On the other hand, the fact that the defendant reflects the crime of this case in depth, the exercise of the force against the victimized police officers relatively relatively relatively less, the agreement with the victimized police officers was reached, the fact that there is no record of punishment as a sentence of imprisonment with prison labor, support the aged parents who have a disability, and that there are circumstances leading to marriage, etc. are favorable to the defendant.

In full view of all the factors of sentencing indicated in the records and theories of the instant case, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed to be too minor or unreasonable.

Therefore, the argument that the sentencing of the prosecutor and the defendant is unfair is rejected.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that each appeal filed by the defendant and the prosecutor is without merit. It is so ordered.