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(영문) 서울고등법원 2017.01.20 2016노3491

특수공무집행방해치상등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is deemed to be too uneasible and unfair.

2. The crime of bodily injury or special injury of this case obstructing the execution of official duties of this case was committed by the defendant while driving alcohol while carrying a vehicle, which is a dangerous object in the process of discovering and escapeing from a police officer G while driving alcohol, and causing injury to the victim H, who is a driver of Oraba, continuing to restrain the above police officer's escape. The crime's nature and circumstances are bad, and the defendant committed a crime of violating the Automobile Management Act and the Road Traffic Act (driving) in addition to each of the above crimes.

All of the crimes of this case are recognized by the defendant, and the degree of injury suffered by the victims is not significant due to each of the crimes of this case, and the defendant paid medical expenses and repair expenses to the victim H, etc. are favorable to the defendant.

In addition, considering the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, occupation, family relationship, environment, motive for committing a crime, and circumstances after committing a crime, and the result of the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too unfeasible and unreasonable.

The prosecutor's argument cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.