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(영문) 서울중앙지방법원 2015.09.03 2015노2084

공무집행방해

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. According to the records of this case’s judgment on the Defendants’ appeal, Defendant A did not submit the statement of grounds of appeal within 20 days, which is the period for submitting the appellate brief under Article 361-3(1) of the Criminal Procedure Act, while Defendant B appealed against each judgment of the lower court on May 20, 2015 and Defendant B filed an appeal on May 14, 2015, and Defendant A was served on July 13, 2015, and Defendant B served the notice of lawful receipt of the notification of grounds of appeal and the notice of appointment of a state appointed defense counsel on June 16, 2015, and Defendant B did not submit the statement of grounds of appeal within 20 days, which is the period for submitting the appellate brief under Article 361-3(1) of the Criminal Procedure Act. The appeal filed by the Defendants did not contain any indication of the grounds for appeal, and

2. The Prosecutor’s summary of the grounds for appeal (a fine of three million won) is deemed to be too unhued and thus unfair.

3. In light of the method and mode of obstructing the performance of duties by police officers, the circumstances after the commission of the crime, and the fact that the Defendants were punished for the same or a similar crime, despite the fact that the Defendants committed the crime in this case, the nature of the crime in this case is somewhat minor.

However, in full view of the circumstances indicated in the instant records and arguments, including the Defendants’ age, career, character and conduct, environment, and motive and consequence of the crime, the lower court’s sentencing is determined within the reasonable and appropriate scope, and it is not determined that it is unreasonable because it is excessively uneasible.

Therefore, prosecutor's assertion is not accepted.

4. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. The appeal by the defendants is dismissed in accordance with Article 361-4(1) of the Criminal Procedure

(Appeals by the defendants shall be dismissed by a ruling, but the appeal by the public prosecutor shall be also dismissed by a ruling.