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All appeals by the defendant and the prosecutor are dismissed.
Reasons
A person who has withdrawn or waived an appeal by a defendant against the appeal shall not re-appeal the case in accordance with Article 354 of the Criminal Procedure Act.
According to the records of this case, the Defendant submitted a petition of appeal to the lower court on October 5, 2016 on the same day on the same day, and submitted a written withdrawal of appeal on October 6, 2016.
Therefore, the defendant cannot re-appeal upon withdrawal of the appeal by the defendant, and even though the defendant submitted the second petition of appeal on October 19, 2016, the defendant submitted the second petition of appeal.
Even if this constitutes an incidental appeal under Article 354 of the Criminal Procedure Act (Article 154, Paragraph 1 of the Regulation on Criminal Procedure) (Article 154, Paragraph 1 of the Regulation on Criminal Procedure). A person who asserts that the waiver or withdrawal of an appeal has not been made or that it is null and void can file a motion for a subsequent action in the court that had been record at the time
In accordance with the provision of the above, even if the purport of the defendant's application for continuation of procedure under the above provision is included in the defendant's filing of a petition of appeal on October 19, 2016, there is no reason to believe that there is no reason to believe that the withdrawal of the appeal by the defendant is non-existent or invalid on the record). The same applies to the case where the court below's decision on the grounds of appeal by the prosecutor as to the prosecutor's appeal (eight months and two years of imprisonment) is too unreasonable.
Judgment
The crime of this case is committed against a police officer who is in the course of performing official duties by insulting him/her and assaulting a G employee to obstruct the performance of official duties. The nature of the crime is not good. The crime of obstructing the performance of official duties is highly necessary to punish him/her for establishing the national legal order and eradicating the light of the public authority, and is disadvantageous to the defendant that he/she does not reflect.
However, the degree of insult and assault is relatively serious.
It does not seem that there is no record of the same crime, and there are other various sentencing conditions, such as the defendant's age, sex, environment, background, means and result, and the situation after the crime.