공무집행방해등
The defendant's appeal is dismissed.
1. Under Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, the lower court rendered a judgment on December 17, 2010 by amending the trial without the attendance of the Defendant.
Although the prosecutor filed an appeal against the lower judgment on the grounds of unreasonable sentencing, this court dismissed the prosecutor’s appeal on October 6, 201, examining the grounds for appeal by the prosecutor under 201No53.
On the other hand, on July 24, 2012, the Defendant filed an application for recovery of the right of appeal and the instant appeal, and the said decision became final and conclusive on August 9, 2012 by the Daejeon District Court’s 2012 Seocho-si213 to recover the right of appeal.
Therefore, the scope of the court's appeal is limited to the defendant's appeal.
2. The summary of the grounds for appeal (e.g., a fine of 6 million won) imposed by the lower court on the Defendant is too unreasonable.
3. The circumstances favorable to the Defendant include the fact that the Defendant appears to have caused the instant crime by drinking, and that the degree of damage to the victim C and the victimized police officer cannot be deemed to have serious.
The Defendant assaulted the Victim C even after receiving a report by the police officer, and subsequently, committed verbal abuse and assault against the victimized police officer during the arrest of the offender in the act of committing an offense, and committed seven times the same kind and records of crimes including the criminal record before probation, and the Defendant did not make all efforts to agree with the victims or to recover the damage even after the lapse of four years from the date of the instant crime, and the Defendant voluntarily avoided the adequate exercise of penal authority for a long time, as his/her whereabouts are unknown even after the Defendant filed an application for recovery of his/her right to appeal and was released.
The above circumstances and motive leading to the instant crime, the circumstances after the commission of the instant crime, the age, character and conduct, family relation, environment, occupation, etc. of the Defendant, and the sentencing conditions indicated in the records and arguments.