(영문) 대구지방법원 2014.06.10 2013노3700 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2014.06.10 2013노3700

공무집행방해

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. On November 6, 2013, the Defendant filed an appeal against the lower judgment regarding the Defendant’s appeal, and filed an appeal against the lower court on November 6, 2013. On April 8, 2014, the record reveals that the Defendant was unable to submit the statement of grounds for appeal within 20 days from the receipt of the notification of receipt of the trial record by this court on April 8, 2014. There is no entry in the petition of appeal

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately, and a judgment shall be

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

B. The Defendant had a record of having been punished several times for violent crimes, and committed the instant crime again during the period of repeated crime due to the instant crime.

The crime of this case is not easy to be committed by the police officer who called out after receiving a report from the defendant, such as paying a trial fee, etc. on the front of a restaurant in the influence of alcohol, and taking a bath to the police officer, and using violence.

However, under the influence of alcohol, the Defendant appears to have committed the instant crime, and the degree of assault is relatively minor, and the Defendant has recognized the mistake of the instant crime and has not committed the instant crime in depth.

In addition, in full view of all the sentencing conditions shown in the records and arguments of this case, such as the age, character and conduct, environment, etc. of the defendant, the sentence imposed by the court below cannot be deemed unfair because it is too uneas

3. If so, the appeal by the prosecutor and the defendant is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-형사소송법 제361조의4 제1항

유사 판례

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