logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.18 2015노4252
특수공무집행방해
Text

All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.

Reasons

1. The appellant shall submit the appellate brief to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the appellate brief is not filed within the said period, the appellate court shall dismiss the appeal by decision.

(1) According to the records, the Defendants did not submit the appellate brief even after receiving the notification of the receipt of the notification of the receipt of the notification of the trial records on August 4, 2015, and did not state the grounds for appeal in the petition of appeal, and even if examining the records, the grounds for appeal cannot be found ex officio.

Therefore, the appeal against the defendants shall be dismissed in accordance with Article 361-4(1) of the Criminal Procedure Act. However, as long as the prosecutor has filed an appeal against part of the defendants, and the decision is pronounced in consideration of the date of trial, the appeal shall be dismissed as a judgment.

2. Determination on the Prosecutor’s appeal against Defendant B

A. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

B. The judgment of the Defendant is in an unfavorable situation, such as jointly assaulting police officers in the course of performing official duties, and damaging the fruit spread, which is a public object.

However, considering the favorable circumstances, such as the Defendant’s age, character and conduct, environment, criminal records, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is too uneasible and unreasonable.

3. In conclusion, the Defendants’ appeal and the Prosecutor’s appeal against Defendant B are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow