Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. The Defendant assaulted a police officer who properly performs official duties, and committed a brutous crime, and the nature of the crime is bad, and the obstruction of the performance of official duties requires strict punishment as an offense detrimental to the State’s function by nullifying the legitimate exercise of public authority.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant is still a student of his age; (c) it is difficult for the Defendant to take the family account of his family; (d) the Defendant has no record of the same kind of crime; and (e) the Defendant’s age, background, and circumstances after the commission of the instant crime, the lower court’s punishment cannot be deemed to be too weak or unreasonable.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.