All appeals by the defendant and the prosecutor are dismissed.

1. According to the records on the Defendant’s appeal, the fact that the Defendant submitted a petition of appeal on February 5, 2015 without stating the grounds for appeal against the lower judgment, and the Defendant received a notice of receipt of the records of trial on March 2, 2016, but without submitting a legitimate grounds for appeal within 20 days, it can be acknowledged that the Defendant stated that he/she filed an appeal on the grounds of unfair sentencing on the first trial date of the first trial of the lower court without submitting a written reason for appeal within 20 days.

However, even if matters not included in the statement of reasons for appeal submitted within the period for submission of a legitimate reason for appeal are stated in the appellate court, there is reason for appeal as alleged in the statement.

Therefore, it cannot be seen (see Supreme Court Decisions 98Do1234, Sept. 22, 1998; 2014Do6029, Aug. 20, 2014). As such, the Defendant’s statement at the trial date cannot be deemed as the grounds for appeal, and there is no other reason for ex officio examination on records.

Therefore, the defendant's appeal should be dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is decided, the defendant's appeal shall be dismissed in the judgment.

2. Judgment on the prosecutor's appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unhued and unfair.

B. In full view of the circumstances leading up to the interference with the execution of official duties, the degree of interference with the performance of official duties, the criminal records of the defendant, and other motive and background of the crime, the circumstances after the crime, the defendant's age, sexual behavior, environment, etc., the lower court's punishment cannot be deemed as being too uneasible and unfair.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.