The defendant and prosecutor's appeal are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor’s decision that the Defendant’s punishment (one million won of a fine) declared by the lower court is too unhued and unreasonable.

B. (1) When Defendant 1 had a police officer exercise his own tangible power, Defendant 1 did not assault Defendant 1’s police officer.

Even if the defendant's act is a assault against the police, it does not constitute an assault to obstruct the police's performance of official duties, and there was no intention to obstruct the defendant.

【Unjustifiable sentencing sentence imposed by the court below is too unreasonable.

2. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, it is recognized that the police officer called out after receiving a report that “the defendant is suffering from disturbance,” stated the defendant, and eventually presented the defendant out of the building. After leaving the building, the defendant committed an act, such as having the chest of the police officer several times and intending to take the face of the police officer.

The defendant's act constitutes an act of assaulting a public official who is performing his duties, and the above assault does not constitute a degree of assault that prevents the performance of official duties, so the defendant's argument is without merit.

(On the other hand, the defendant's defense counsel argued to the effect that the above police officer did not perform his duties in the summary of the oral argument as of June 18, 2019, which was after the date on which the appeal was not timely filed. This is not a legitimate reason for appeal, but a legitimate reason for appeal is examined ex officio. Since this case was in the process of leaving the defendant who was dispatched after receiving a report by the police officer, the police officer at the time when the police officer was in lawful performance of duties, and the police officer assaulted the police officer in the course of performing his duties, the crime of obstruction of performance of official duties is established.