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(영문) 수원지방법원 2019.01.29 2017노1999
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On December 11, 2018, the Defendant did not submit the statement of grounds for appeal even when he/she was served with the notification of the receipt of the trial record by this court on December 11, 2018, and the petition of appeal does not contain any indication of the grounds for appeal, and no other reason for ex officio examination on

2. Determination on the prosecutor’s appeal

A. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

B. There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the judgment of the original court. In full view of all the reasons for sentencing as stated by the lower court, it cannot be deemed that the lower court’s sentencing exceeded the reasonable scope of discretion because it is too unhued.

3. Conclusion, the appeal by the defendant should be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act; however, as long as the appeal by the prosecutor is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that the appeal by the defendant is not well-grounded, the appeal by the defendant and the prosecutor shall be dismissed

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