All appeals filed by the defendant and prosecutor are dismissed.

1. Grounds for appeal;

A. Defendant (in fact-finding, unreasonable sentencing) did not commit the same act as the facts charged, and the lower court’s punishment (fine 7 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) With respect to the assertion of mistake of facts, the victim’s statement is consistent with the main contents of the statement, and there is no unreasonable or contradictory part in light of the empirical rule, and there is no motive or reason to make a false statement unfavorable to the defendant (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). E consistently with the investigative agency from the court below to the court below, stated to the effect that the defendant was arrested as a flagrant offender under suspicion of obstruction of performance of official duties by assaulting the victim, etc. In light of the empirical rule, there is no part that the above statement is unreasonable or contradictory in light of the empirical rule, and there is no motive or reason to make a false statement against the defendant, and thus, it cannot be rejected as a witness’s newly stated act, such as the defendant’s motive or reason that the police officer made a false statement, in light of the aforementioned facts charged.

Therefore, this part of the defendant's assertion is rejected.

B. The assertion of unfair sentencing.