공무집행방해
All appeals by the defendant and the prosecutor are dismissed.
1. Although the Defendant appealed against the judgment of the lower court on October 6, 2016 and filed a lawful appeal, the fact that the Defendant, who received the notice of receipt of the records of trial on October 24, 2016, failed to submit the statement of reasons for appeal within 20 days from the date of service thereof is apparent in the records.
In addition, the grounds for appeal are not stated in the petition of appeal, and the grounds for ex officio investigation on the record shall not be found.
Therefore, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act; however, as long as the court decides on the defendant's appeal against the prosecutor's defendant, the defendant's appeal shall not be dismissed separately and the defendant's appeal shall be dismissed by judgment (in this case, it is not unlawful even if the appeal is dismissed by judgment (see Supreme Court Decision 69Do143 delivered on May 27, 1969). 2. The prosecutor's appeal concerning the prosecutor's appeal
A. It is unfair that the lower court’s sentencing (4 million won in penalty) of the Prosecutor’s grounds for appeal is too unfluent.
B. In full view of the reasons for sentencing as stated in the judgment of the court below, the sentence of the court below against the defendant was made within the scope of the court’s discretion in sentencing, and thus, it is light enough to avoid reversal.
shall not be deemed to exist.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the defendant's appeal is also dismissed in its judgment on the grounds as above. It is so decided as per Disposition