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(영문) 서울중앙지방법원 2017.05.26 2017노795

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the records of the instant case regarding the Defendant’s appeal, even if the Defendant received a notice of receipt of the records of trial on February 27, 2017, failed to submit a statement of grounds for appeal within 20 days from the date of receipt of the records of trial, and the petition of appeal does not state the grounds for appeal, and the lower judgment cannot be found even if examining the judgment below.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal is too minor for the original judgment to be imposed.

B. Examining the circumstances revealed in the grounds for sentencing and the conditions of sentencing indicated in the record, the lower court’s sentencing is not deemed unfair to the extent that the lower court’s judgment deviates from the scope of discretion, and thus, cannot be reversed.

3. The appeal by the prosecutor in conclusion shall be dismissed, and the appeal by the defendant shall be dismissed by the decision under Article 361-4(1) of the Criminal Procedure Act, but the appeal by the prosecutor shall also be dismissed by the decision in entirety as long as the above decision is rendered against the prosecutor's appeal.