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(영문) 수원지방법원 2020.05.29 2019노6996
공무집행방해
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. According to the records on Defendant A’s appeal, Defendant A submitted a petition of appeal on November 28, 2019 without stating the grounds for appeal against the lower judgment; Defendant A received a written notification of the receipt of the notification of the receipt of the trial record on December 23, 2019; Defendant A may recognize the fact that he/she did not submit the grounds for appeal within 20 days from the deadline for submitting the legitimate grounds for appeal; and no other reason for ex officio examination on records may be found.

Therefore, Defendant A’s appeal should be dismissed in accordance with Article 361-4(1) of the Criminal Procedure Act, but as long as the public prosecutor’s appeal is ruled, Defendant A’s appeal shall be dismissed by judgment.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (e.g., imprisonment for 8 months, 2 years of suspended execution, 80 hours of community service, 6 months of suspended execution, 2 years of suspended execution, 40 hours of community service) of the lower court is deemed to be too uneasible and unfair.

B. In full view of the grounds for sentencing indicated in the argument and record of the instant case, each of the lower judgment appears to have been appropriately determined by fully considering the various grounds for sentencing alleged by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. As such, the appeal by the defendant A and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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