All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts as stated in the facts charged, the Defendant did not interfere with the police officer’s performance of duties by causing a disturbance in the surroundings or causing dangerous things, and the Defendant does not agree to the use of each police protocol of H, E, and G as evidence, which corresponds to the facts charged, and it is difficult to credibility the above protocol of statement (In addition, the defense counsel also asserts that the lower court’s judgment, which based on the premise of lawful arrest, alleged that the Defendant was arrested as a flagrant offender, was not informed of the right to refuse to make a statement when he was arrested as a flagrant offender, and that the Defendant erred by misapprehending the legal principles, by asserting that he was not informed of the right

(2) The sentence imposed by the lower court on the Defendant (one hundred months of imprisonment and a fine of one hundred thousand won) is too unreasonable.

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

2. Determination

A. 1) On the Defendant’s assertion of mistake of facts, the expression of intent to consent to evidence under Article 318 of the Criminal Procedure Act may be revoked or withdrawn before the examination of evidence is completed, but once the examination of evidence is completed, the admissibility already acquired prior to the revocation or withdrawal is not lost (see, e.g., Supreme Court Decision 2004Do2611, Jun. 25, 2004). Even if the Defendant only agrees to use the police statement of H, E, and G as evidence at the trial, it does not affect the admissibility already acquired in the original trial. 2) Although the lower court alleged that the Defendant did not have committed any act identical to the facts charged, the lower court convicted the Defendant of the facts charged in this case on the grounds stated in its reasoning.