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(영문) 서울동부지방법원 2018.03.30 2017노1522
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On November 8, 2017, the Defendant did not submit a statement of reason for appeal within the submission period even when he/she received a notice of receipt of the records of trial from this court on November 8, 2017, and the petition of appeal does not state the reason for appeal, and even if examining records, the lower judgment cannot be reversed ex officio and the reasons for reversal are

2. Judgment on the prosecutor's appeal

A. The grounds for appeal (unfair sentencing) are deemed to be too uneasy and unfair. The lower court’s punishment (3 million won in penalty) is deemed to be too uneasy.

B. In full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the various grounds for sentencing asserted by the prosecutor, and there are no special circumstances to the extent that the sentencing would be changed ex post facto. Therefore, the Prosecutor’s allegation of unfair sentencing is without merit

3. In conclusion, the defendant's appeal should be dismissed by a ruling pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act as there is no reason, the defendant's appeal does not separately dismiss the defendant's appeal, and all appeals by the defendant and the prosecutor are dismissed by a collective decision.

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