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(영문) 부산고등법원 (창원) 2014.08.20 2014노104

특수공무집행방해치상

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of imprisonment with prison labor and three years of suspended sentence) is too unhutiled and unfair.

2. The crime of this case recognized by the evidence, the evidence, the rules of evidence, and the legal principles are found to be disadvantageous sentencing factors or objective and neutral sentencing factors, such as the following facts: (a) the Defendant attempted to neglect the direction of the police officer to turn to the left while the Defendant was trying to turn to the left at the left-hand turn; and (b) the nature and circumstances of the crime are heavy; and (c) the Defendant had the record of having been punished two times as suspended sentence due to the same crime in 2010.

However, while the defendant driving a 48 student on the school bus at a university, he stops on the left-hand turn to the left due to the means that the defendant would rapidly go straight along the school bus route while driving the 48 student, which led to the situation that he will leave the school bus route by receiving the instructions from the police officer, and eventually, he seems to have committed the instant crime contingently. Although it is not judged to the degree of mental and physical disorder, the defendant was suffering from the depression at the time of the instant case, but it seems that the defendant was suffering from the depression at the time of the instant case (H statement hearing report). It seems that there was no serious danger that the defendant was moving the vehicle at the time of shock (H statement hearing report). The injury suffered by the victimized police officer is not serious, the defendant is not in need of health condition, the defendant needs to continuously provide mental and medical treatment with the helper, and the defendant has to undergo objective and more favorable treatment or to prevent the defendant from committing a second offense.