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(영문) 수원지방법원 2016.10.12 2015노1413
공무집행방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On February 11, 2015, the Defendant was dissatisfied with the lower judgment and filed an appeal on March 10, 2015, and was served with the notification of the receipt of the trial record and the notification of the appointment of a public defender by this court on March 10, 2015, the Defendant did not submit the statement of grounds for appeal within 20 days, and the Defendant’s petition of appeal does not contain the grounds for appeal, and the Defendant’s petition of appeal does not contain any grounds for appeal ex officio, even after examining ex officio the Defendant’s statement on the first date of trial.

2. Judgment on the prosecutor's appeal

A. According to the summary of the grounds for appeal (under the records of mistake of facts as to the acquittal part, the prosecutor appealeds against the judgment of the court below which rendered a partial conviction and partial acquittal, and stated the "scope of appeal" in the appeal petition as "total mistake and unreasonable sentencing" and "grounds for appeal" as "the same as the entry in the separate grounds for appeal," but it can be acknowledged that only the grounds for appeal as to the acquittal part of the judgment below are stated in the grounds for appeal submitted within a legitimate period. Thus, Article 361-5 subparagraph 15 of the Criminal Procedure Act provides that "when there is any reason to recognize that the amount of punishment is unreasonable," and Article 155 of the Rules on Criminal Procedure provides that "the reasons for appeal or reply shall clearly state the reasons for appeal or reply in detail," without any other specific reasons, it cannot be viewed as legitimate grounds for appeal on the ground that there is a simple statement "scope of appeal" in the "scope of appeal petition," and it cannot be viewed as violence or assault (see, e.g., Supreme Court Decision 2008Do17, Jan., 207).

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