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(영문) 제주지방법원 2014.10.16 2014노317
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records of the judgment on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on June 23, 2014 and filed an appeal, but did not submit the legitimate grounds for appeal even after being served with the notification of the receipt of the trial record by the court on July 8, 2014, and the petition of appeal does not contain any grounds for appeal and does not include any grounds for ex officio examination in the records.

2. Judgment on the prosecutor's appeal

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

B. Although the crime of this case is not likely to obstruct the performance of police officer's duties by assaulting the police officer's face, such as drinking a person who was sent to the police officer after receiving a report from the police officer when the defendant was under the influence of alcohol, the crime of this case is likely to obstruct the performance of police officer's duties. However, considering the following factors: the defendant's acknowledgement of the crime of this case and reflects his mistake; the defendant is the first offender; the defendant is deemed to have committed the crime of this case under the influence of alcohol; and the defendant appears to have committed the crime of this case by contingency; and other factors such as the defendant's age, character and behavior, environment, and conditions of sentencing as shown in the argument of this case, it cannot be deemed that the sentence against the

3. In conclusion, the defendant's appeal shall be dismissed by decision in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is determined as above, the defendant's appeal shall also be dismissed by decision, and the prosecutor's appeal shall be dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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