공무집행방해
All appeals filed by the defendant and prosecutor are dismissed.
1. According to the records on the Defendant’s appeal, on August 29, 2014, the fact that the Defendant was dissatisfied with the lower judgment and filed an appeal on October 2, 2014 (the Defendant’s spouse M was served at the Defendant’s address) and was not submitted the statement of grounds of appeal within 20 days from the date on which the Defendant was served with the notification of receipt of the receipt of the trial record on October 2, 2014, is obvious in the records, and the Defendant’s petition of appeal does not contain any reasons for appeal,
(2) The Defendant asserted that the Defendant did not have committed obstruction of the performance of official duties on the first trial date, but this is not a legitimate ground for appeal as it was filed after the lapse of the period for submitting the grounds for appeal, and even if ex officio examination is made, the aforementioned ground for appeal is groundless). Therefore, as long as the Defendant’s appeal is to be dismissed under Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, it is necessary to make a decision to dismiss the Defendant’s appeal. However, as long as the Defendant rendered a judgment on
2. Determination on the prosecutor’s appeal
A. The main point of the grounds for appeal is that the sentence of the lower court (a fine of five million won) is too unhued and unreasonable.
B. The instant crime was committed by assaulting a police officer who intends to arrest a defendant as a flagrant offender A to interfere with the legitimate performance of duties by the police officer. In light of the background, method, and contents of the crime, it is not good to commit the crime, and even if the defendant had been sentenced two times to a fine due to the obstruction of performance of official duties, it is necessary for the prosecutor to punish the defendant strictly in light of the fact that the defendant committed the instant crime.
However, the defendant used somewhat tangible force to police officers in the process of preventing defects that A, who had drinking together at the time, intends to be arrested as a flagrant offender, and assault and assault.