A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended execution, and forty hours of lecture of compliance driving) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case, which judged unfair sentencing by the two parties, is an unfavorable circumstance to the defendant, since the defendant refused to take a legitimate drinking test by a police officer and assaulted a police officer. Thus, the crime of this case is not good, and the defendant committed again the crime of this case even though he had a record of criminal punishment of a fine of one million won for a crime of violating the Traffic Act on July 5, 201.

However, there is a favorable condition for the defendant, such as the fact that the defendant was waiting for committing the instant crime, that the defendant deposited KRW 700,000 for the police officer H and G when the defendant was in the first instance, and that all the sentencing conditions, such as the defendant's age, sex, environment, motive for committing the instant crime, means and consequence, etc., are not deemed to be too weak or unreasonable.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.