Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (an amount of KRW 4 million) by the lower court is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. The Defendant exercised violence against a police officer on official duty, and the crime of obstructing the performance of official duty is recognized as a crime that has undermined legitimate exercise of public authority and thus has a need for strict punishment.

B. However, comprehensively taking account of the following circumstances, such as the fact that the Defendant led to the confession of and against the instant crime, the fact that the Defendant is the primary offender, the degree of violence seems not to be serious, and the Defendant’s age, etc., the lower court’s punishment cannot be deemed to be too minor or unreasonable.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

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