All appeals by the defendant and the prosecutor are dismissed.

1. On August 18, 2016, even though the defendant received a notice of receipt of the records of trial from this court on August 18, 2016, he/she failed to submit a statement of reason for appeal within 20 days from the date of service thereof, and there is no indication of reason for appeal in the petition of appeal and no reason exists to investigate

Therefore, the defendant's appeal shall be dismissed by a decision in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as the public prosecutor's appeal is rendered a judgment on the appeal, the defendant's appeal shall be dismissed by a judgment as above.

2. Determination on the prosecutor’s appeal

A. In light of the fact that the crime of this case was committed by the Defendant with a uniform worn by the Defendant while performing official duties and the nature of the crime was poor, the sentence (4 million won) sentenced by the lower court is too unfasible and unfair.

B. The Defendant has no record of punishment heavier than a fine, and there is no record of punishment as a crime of obstructing the performance of official duties or damaging public goods.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as the circumstances favorable or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment on the grounds of appeal, the lower court’s punishment is not determined to have exceeded the reasonable scope of discretion by deeming that the Defendant’s punishment is too unfeasible, even in light of the various circumstances asserted by the Prosecutor on the grounds of appeal.

The prosecutor's improper argument in sentencing is without merit.

(c)

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.