공무집행방해
Defendant
All appeals by prosecutors are dismissed.
1. On August 19, 2019, the Defendant filed an appeal against the lower judgment on August 19, 2019. On September 16, 2019, the Defendant did not submit the statement of grounds for appeal within 20 days, which is the submission period for the statement of grounds for appeal, even though he/she received a written notification of the receipt of the trial records from this court on September 16, 2019; the petition of appeal does not contain any grounds for appeal; and
Therefore, the defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act. However, the defendant's appeal shall be dismissed by decision as ordered in a lump sum, so long as the prosecutor's appeal is rendered as follows.
2. Judgment on the prosecutor's grounds for appeal
A. The gist of the grounds for appeal is that the lower court’s penalty of eight million won (a fine) is too unhued and unreasonable.
B. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are the following, comprehensively taking into account the Defendant’s age, character and conduct, motive or circumstance of the crime, and circumstances after the crime, the sentence imposed by the lower court is given within the reasonable scope of discretion, and is not easy.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, and the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.