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(영문) 수원지방법원 2016.05.10 2015노6361
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (3 million won) is too unreasonable because it is too unreasonable (the Defendant did not submit a written reason for appeal, but stated the reasons for appeal in the court). B. The sentence imposed by the lower court is too uneasible and unreasonable.

2. Determination

A. According to the record of the instant case’s judgment on the Defendant’s appeal, the Defendant did not submit a written reason for appeal within 20 days, the submission period for the written reason for appeal, even though the Defendant received a notice of receipt of the record of trial from this court on October 22, 2015 after filing an appeal against the lower judgment on October 22, 2015, and then received a notice of receipt of the record of trial from this court on November 25, 2015. There

B. In full view of the following facts: (a) the public prosecutor’s appeal recognized the Defendant as a crime; (b) the Defendant recognized the offense; (c) the damage caused by the instant crime is relatively little; (d) the Defendant has no record of being punished for the same kind of crime; and (e) the Defendant’s age, sexual conduct, environment; (b) the background and motive leading to the instant crime; and (c) other matters concerning the sentencing as indicated in the records and arguments regarding the instant case, it cannot be deemed unfair because the sentence of

3. In conclusion, the prosecutor's appeal is dismissed in accordance with 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 in accordance with a decision under Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is decided as above on the prosecutor's appeal, the defendant's appeal shall also be dismissed in entirety by judgment.

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