All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, brought the Defendant to the police box, as part of three police officers’ protective measures, such as the J, etc. affiliated with the said police box, which was called out while obstructing the passage of vehicles on the road near the Seoul Western Police Station, and continued the act of disturbing the police officer, as well as witness I even after having arrived at the police box.

Accordingly, the police officer K, who was called to the above scene and arrived first at the F police box, intended to keep the evidence collection purpose of the disturbance in the police box and the order within the police box, and the defendant's disturbance in order to file a petition. In light of the purpose of shooting and the method of photographing, the above act by K is a legitimate official duty.

Nevertheless, the court below's determination that K's above photographing act is not a legitimate execution of official duties is based on the misunderstanding of facts or misunderstanding of legal principles as to the legality of the execution of official duties.

2) The punishment sentenced by the lower court (a sum of eight million won) is too unhued and unfair.

B. As to Defendant 1’s mistake of facts and damage to public goods by misunderstanding of the legal principles, the lower court found Defendant guilty of this part of the lower judgment inasmuch as there is no evidence that the Defendant had damaged the wave (hereinafter “cassure”) which is a public property. In so doing, the lower court erred by misapprehending the facts affecting the conclusion of the judgment.

Even if the defendant had damaged the Kacks by generating partitions

Even if the defendant's appearance was taken without the defendant's consent, it was caused in the process of resisting the illegal performance of official duties by the police officer who taken the appearance of the defendant.

2) The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. Violation of the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine as to the instant facts charged, which interfere with the performance of official duties.