절도등
All appeals by the defendant and the prosecutor are dismissed.
1. On November 1, 2017, the Defendant received a notice of receipt of the records of trial from this court, but failed to submit a statement of reason for appeal within the period for submission of a legitimate reason for appeal, and on September 26, 2017, the Defendant submitted a petition of appeal on September 26, 2017, without stating the reason for appeal, and there is no reason for ex officio examination even upon examining the records.
2. Determination on the prosecutor’s appeal
A. The lower court’s sentence (one year of imprisonment, two years of suspended execution, fine of 600,000 won, and community service order of 120 hours) is too uneasible and unreasonable.
B. The instant crime was committed by the Defendant with false reports and assault against police officers that interferes with legitimate performance of official duties, and that theft of the victim’s property is not good in light of the Criminal Procedure Act, and that there is a need for strict punishment for obstructing the performance of official duties by police officers in uniform to enhance national public authority.
However, in full view of the favorable circumstances, such as the fact that the defendant generally repents and reflects his mistake, the thief damage is deemed to have been returned to the victim, and the fact that there has been no criminal history beyond the fine so far, and all of the sentencing conditions in the instant case, including the defendant’s age, sex behavior, environment, the circumstances and result of the instant crime, etc., it is recognized that the lower court’s punishment is too unfeasible and unfair, and thus, the prosecutor’s above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. The defendant's appeal shall be dismissed in accordance with a decision under Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is ruled as above, the defendant's appeal shall be dismissed together with a decision. It is so decided as per Disposition.