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(영문) 광주지방법원 2018.01.30 2017노3419
특수공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the records of the judgment on the appeal by the defendant, the defendant filed an appeal against the judgment below on September 13, 2017, and received a notice of receipt of the records of trial from this court, but failed to submit the statement of reasons for appeal within 20 days, which is the period for submitting the statement of reasons for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, and the petition of appeal does not include the reasons for appeal, and even if examining the records, there is no reason for ex officio investigation. Thus, the defendant's appeal is not accompanied by the law.

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is too unhued and unreasonable.

B. The instant crime was committed by the Defendant while driving alcohol, and the police officer under the influence of alcohol was found, and the Defendant’s act of assault was committed in the course of escape to the point of crackdown, and thus obstructing the performance of official duties by committing the act of assault, such as smuggling with the Defendant’s vehicle, etc., and the nature of the crime is considerably hot.

However, all of the crimes of this case are recognized by the defendant, and there was no particular criminal history except punishment by a fine in 2012, and the damaged police officers do not want punishment against the defendant.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, as well as these circumstances revealed in the instant records and pleadings, the lower court’s punishment is only within the scope of reasonable discretion, and is not recognized as unfair because it is too unfeasible.

3. In conclusion, the defendant's appeal is unlawful. Thus, the defendant's appeal is dismissed pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act and the prosecutor's appeal is without merit. Thus, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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