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(영문) 대전지방법원 2012.12.05 2012노1564
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records of this case’s judgment on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on July 12, 2012. However, even if the Defendant received a written notification of the receipt of the trial record from this court on August 7, 2012, the Defendant did not submit the statement of grounds for appeal within the lawful period for submission of the appellate brief (within 20 days from the date the receipt of the written notification of the trial record was received), and the petition of appeal does not contain any description of the grounds for appeal, and even if examining the records, the grounds for appeal cannot be found ex officio. Thus, the Defendant’s appeal should be dismissed by a decision to dismiss the Defendant’s appeal,

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., inasmuch as the Defendant had a criminal record of the crime of damaging public goods, and did not appear to have an attitude against it, the prosecutor of the court below sentenced the Defendant to six months of imprisonment with prison labor (five months of imprisonment, two years of suspended execution, community service, 80 hours of community service, 40 hours of violent therapy, 40 hours of alcohol therapy, and 40 hours of alcohol therapy).

It is too unfortunate that is unfair.

B. The Defendant made a 112 report that the number is lost, and the police officer called out was later called out, and insulting him, and obstructed the performance of official duties by assaulting the police officer F's upper right hand alone. Although the Defendant was punished by a fine due to the crime of damaging a vehicle for public use in 2007, the Defendant committed each of the crimes of this case, which can be deemed as a crime of causing damage to a vehicle for public use, and thus, it is necessary to punish the Defendant for a strict punishment.

However, the defendant thought that he was stolen by watus, and reported to the police, but the police was later dispatched, and there are some circumstances to consider the motive for the crime of this case.

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