All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not err by misapprehending the legal principles as to the crime of obstruction of the performance of official duties, and Defendant did not assault the police officer F’s chest part by hand at the time of the instant case.

Even if the Defendant’s physical police officer F was an assault to commit the crime of obstruction of the performance of official duties, such an act does not constitute an assault to commit the crime of obstruction of the performance of official duties because it did not obstruct the performance of official duties by the above police officer.

In addition, the defendant did not have the intention of assault.

B) At the time of the instant case, the police officer committed an unlawful performance of official duties. Therefore, the Defendant’s act does not constitute an unlawful performance of official duties protected by the crime of obstruction of performance of official duties, and thus, the Defendant’s act does not constitute an act of obstruction of performance of official duties. C) Even if the Defendant committed an illegal act by the police officer, constitutes a legitimate act that does not go against social norms, as a matter of the provision regarding the unlawful performance of official duties by the police officer. D) Even though the police officer did not perform an unlawful performance of official duties, the Defendant’s act was caused by mistake that the police officer neglected his duties and illegally performed official duties, and thus, constitutes an error on the premise of the ground of obstruction of illegality. (ii) The Defendant alleged a mistake of facts as to the crime of damage of public goods constitutes an error on the ground of the premise of the illegality.

B. In light of the fact that the crime of obstruction of the performance of official duties of the prosecutor is an assault against the police officer who is performing official duties by wearing the uniform, and the nature of the crime is inferior, and the criminal defendant appears to have inherent violent inclinations against the defendant when examining the history of criminal punishment, etc., the punishment (two years of suspended execution in six months of imprisonment) imposed by the court below is too uneasible and unfair.

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