공무집행방해
All appeals filed by the defendant and prosecutor are dismissed.
1. Even if the Defendant received notification of the receipt of the trial record on July 12, 2019, he/she did not submit the grounds for appeal within the deadline for submitting the grounds for appeal; the petition of appeal does not state any grounds for appeal; nor does there exist grounds for ex officio examination.
Therefore, it is necessary to make a decision to dismiss an appeal by a defendant in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the appeal by a prosecutor, the appeal by a prosecutor shall not be separately decided and sentenced together
2. Judgment on the prosecutor's appeal
A. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is deemed to be too unhued and unfair.
B. The defendant reflects his mistake, and the defendant has no criminal record other than that of a fine imposed once due to the violation of the Assembly and Demonstration Act.
In full view of all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, the result of damage, and the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable because it is too uneasible even considering the various circumstances alleged by the prosecutor.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. The defendant's appeal is dismissed under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act.