All appeals are dismissed.

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by the defendant, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal based on unfair sentencing is permitted. Thus, the argument that the amount of punishment is unfair in this case where a more minor sentence has been imposed against the defendant cannot be justified.

2. As to the reasons for the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the prosecutor on the ground that there was no proof of crime regarding the obstruction of performing official duties among the facts charged in the instant case.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the establishment of assault or intimidation in the crime of interference with official

On the other hand, the prosecutor filed an appeal against the guilty portion of the judgment below, but there is no specific reason for appeal as to this part of the petition of appeal or the reasoning of appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.