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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. According to the records of the instant case regarding the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on April 11, 2018, and the Defendant, on May 3, 2018, was found to have failed to submit a statement of grounds for appeal within the submission period of the 20-day appeal period prescribed in Article 361-3(1) of the Criminal Procedure Act, even though he/she received a lawful notice of receipt of the records of trial from the lower court on May 3, 2018. The petition of appeal also does not state the grounds for appeal, nor does it include any grounds for ex officio examination on the records, and thus, it is decided to dismiss the Defendant’s appeal pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as the Defendant rendered a judgment on the prosecutor’s appeal, it is decided to decide
2. Determination on the prosecutor’s appeal
A. The reasoning of the appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.
B. Although the Defendant was punished several times due to the crime of violence, he interfered with the police officer’s performance of duties by taking a large voice from a police officer who worn a uniform at the police boat that was protected for the reason that he wants to pass along the roadway under the influence of alcohol, etc. However, the Defendant reflects the instant crime, and the Defendant did not have any criminal record exceeding the fine, and the degree of assault is very serious.
In addition, given the various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, criminal records, occupation, health conditions, motive, means and consequence of the crime, etc., the lower court’s punishment is too unfeasible and unreasonable, so the Prosecutor’s assertion is without merit.
3. Conclusion of the appeal by the Defendant and the Prosecutor is dismissed. It is so decided as per Disposition.