공무집행방해
All appeals filed by the defendant and prosecutor are dismissed.
1. According to the records on the Defendant’s appeal, the facts that the Defendant was dissatisfied with the lower judgment and filed an appeal on September 24, 2014, and the Defendant was served with the notification of the receipt of the receipt of the trial records on October 23, 2014 (the Defendant’s child M was served with the Defendant’s address) and did not submit the statement of grounds of appeal within 20 days from the notification of the receipt of the notification of the receipt of the trial records, are apparent in the records, and the Defendant’s petition of appeal does not contain any reasons for
Therefore, a decision to dismiss an appeal by a defendant should be made in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as a decision is rendered on the appeal by a public prosecutor, a decision to dismiss an appeal should not be made separately and a decision should be
2. Determination on the prosecutor’s appeal
A. The main point of the grounds for appeal is that the sentence of the lower court (a fine of three million won) is too unhued and unreasonable.
B. The instant crime committed by the Defendant by assaulting a police officer to interfere with a police officer’s legitimate execution of his duties. In light of the background, method, and content of the crime, the nature of the crime is not good, and the crime of obstruction of performance of official duties requires strict punishment as an offense detrimental to the State’s function by obstructing the exercise of legitimate public authority. This is as argued by the
However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., that the sentence of the lower court is too unfeasible and unreasonable, and thus, the Prosecutor’s assertion is without merit.
3. Accordingly, pursuant to Article 361-4(1) of the Criminal Procedure Act, the appeal by the defendant is filed by the public prosecutor, and Article 364 of the Criminal Procedure Act.