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(영문) 서울고등법원 2017.09.13 2017노1598
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit a written reason for appeal within the period for submission of a legitimate reason for appeal.

B. The prosecutor (unfair sentencing) of the lower court’s sentence (an amount of KRW 5 million) is too unhued and unfair.

2. Determination

A. On May 16, 2017, the Defendant filed a petition of appeal with respect to the Defendant’s appeal. On June 8, 2017, the Defendant failed to submit a statement of reason for appeal within the submission period for a legitimate reason for appeal even when he/she received a notice of receipt of the records of trial from this court. The petition of appeal does not state the reason for appeal, and even after examining the records, the lower judgment is examined ex officio, and there is no reason for reversal.

On the other hand, although the defendant submitted a statement of grounds for appeal to the effect that he/she mismisunderstanding of facts or misunderstanding of legal principles on July 6, 2017, which was subsequent to the period for submission of the written grounds for appeal, the defendant did not err by misapprehending the legal principles or misunderstanding of facts

Therefore, a decision to dismiss the defendant's appeal pursuant to Article 361-4 (1) of the Criminal Procedure Act should be made, but as long as a decision is rendered on the prosecutor's appeal, a decision to dismiss the appeal should not be made separately, and a decision should be made together.

B. As to the prosecutor’s appeal, the instant crime committed against the police officer who was duly performing his duties was committed by the Defendant, and the nature of the crime is not good, and even if the jury of the citizen participatory trial was convicted of the Defendant, it does not seem to be contrary to the truth up to the trial in the first instance, and is disadvantageous to the Defendant.

However, it seems that the defendant committed the crime of this case by interesting in the suspect who is suspected of assault and sexual indecent act from police officers, and is likely to have committed the crime of this case by contingently, there is no emphasis on the type of force or damage inflicted by the defendant, and there is no record of crime exceeding the fine by the defendant.

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