공무집행방해
All appeals by the defendant and the prosecutor are dismissed.
1. According to the records of the instant case regarding the Defendant’s appeal, even if the Defendant received a notice of receipt of the records of trial on April 30, 2015, the Defendant did not submit a statement of reasons for appeal within 20 days from the date of receipt of the records of trial. In addition, the petition of appeal does not state the reasons for appeal, and the lower judgment cannot be found even if examining the judgment
2. Determination on the prosecutor’s appeal
A. The decision of the court below on the gist of the grounds for appeal (4 million won in penalty) is unfair because it is too unhued.
B. It is recognized that the instant crime committed by assaulting a police officer to perform official duties and obstructing the performance of official duties, which requires strict punishment in consideration of the light of the recent public authority, and that the Defendant has committed a crime subject to suspended execution due to the same type of crime.
However, taking into account the following circumstances: (a) the Defendant’s mistake is divided; (b) the Defendant committed the instant crime by contingently in the drunk; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unfair.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit, and the defendant’s appeal shall be dismissed by decision under Article 361-4(1) of the Criminal Procedure Act. However, as long as the prosecutor’s appeal is ruled as above on the prosecutor’s appeal, the defendant’s appeal also is dismissed by a judgment en bloc. It is so decided as per Disposition by the court below (see, e.g., Supreme Court Decision 19Da15441, Apr. 1, 200).