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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal by the court below is too heavy (one million won in penalty) or is too heavy (the defendant).
2. The Defendant was the first offender, and was not directly exercising the police officer’s physical force.
However, in order to maintain and establish the legal order, there is a need to strictly punish a crime interfering with the performance of official duties. However, in light of the course of the instant case and the attitude of the Defendant’s act, such as: (a) the Defendant, while taking a bath to a police officer in the process of performing official duties, prevents the police officer from carrying out patrols, and forced him/her to carry out the driver’s seat and back seat, etc., the nature of the Defendant’s crime is not easy.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, etc., the lower court’s punishment cannot be deemed to be too light or unreasonable.
Therefore, the defendant and the prosecutor's argument of sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.