A. There is no fact that the Defendant misunderstandings the fact (defendant) is dead with the police officer D.

B. The lower court’s punishment (one million won per 5 million won) is too heavy or frightened to (the Defendant).

2. Determination

A. In light of the spirit of the substantial direct psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of misunderstanding of facts, the appellate court made a clear error in the first instance judgment as to the credibility of the statement made by the witness of the first instance trial.

Unless exceptional circumstances exist to the contrary, the first instance judgment on the credibility of a witness’s statement should be respected (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The lower court directly summoned a police officer and a police officer present at the scene of the assaulted police officer as a witness to interrogate him/her, and found him/her guilty of this part of the facts charged. The lower court’s judgment on this part is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts

This part of the defendant's assertion is without merit.

B. The Defendant denies a criminal act up to the trial of the party. The instant case constitutes an assault against a police officer dispatched after receiving a report from the Defendant, and is disadvantageous to the nature of the offense, such as the bad condition, and the recent years, there is no record of punishment, and the sentencing conditions specified in the records and arguments of the instant case do not seem to be too weak or unreasonable, considering the favorable circumstances, such as the fact that the Defendant committed an assault against the police officer dispatched after being reported by the Defendant.

We cannot accept this part of the argument of the defendant and the prosecutor.

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, since all of the appeals filed by the Defendant and the prosecutor are without merit. It is so decided