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(영문) 인천지방법원 2018.04.13 2017노4008

공무집행방해

Text

Defendant

The appeal against the defendant AY, the prosecutor's defendant AY and C is dismissed.

Of the judgment of the court below in the first and second instances, the part of the defendant is the defendant.

Reasons

1. Reasons for appeal;

A. Defendant AZ and B’s respective shapes (Defendant AZ: imprisonment of March of the first judgment; imprisonment of February of the second judgment; imprisonment of April of the second judgment; imprisonment of April of the third judgment; and imprisonment of August of the third judgment) are too unreasonable.

B. Each sentence of the lower court (Defendant AY: KRW 5 million of the lower judgment; KRW 3 million of the Defendant AZ: Imprisonment with prison labor of the first instance judgment; Defendant B: imprisonment with prison labor of the third instance judgment; KRW 80,000 of the lower judgment; KRW 3 million of the fine for the crime of KRW 3,000 of the lower judgment; and KRW 6,000 of the fine for the crime of KRW 4 in its holding, as to the crime of KRW 3,000 of the judgment of KRW 3)

2. Determination:

A. According to the records of this case’s judgment on Defendant AY’s appeal, Defendant AY filed an appeal against the lower court on October 27, 2017, and on November 22, 2017, Defendant AY received notice of lawful receipt of records of trial from this court, but failed to submit a statement of grounds for appeal within the submission period for 20 days under Article 361-3(1) of the Criminal Procedure Act. The petition of appeal also does not state the grounds for appeal, and it is impossible to find any other reasons for ex officio investigation on the records, and thus, it is necessary to dismiss Defendant AY’s appeal pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor, Defendant AZ and B, it is necessary to separately dismiss the appeal against the Defendant, without rendering a decision of rejection on the appeal against the Defendant.

2) The judgment on the prosecutor’s appeal is based on the following facts: (a) Defendant AY committed an assault against a police officer who was dispatched after receiving a report during the suspension of execution, and the nature of the offense is inferior, and there is a need to be punished for severe punishment; (b) the police officer was not punished by deposit of KRW 5 million for the police officer; (c) there is no record of the same offense; and (d) there is no record of the same offense; and (e) the sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence after the crime, etc.