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(영문) 서울고등법원 2015.05.29 2015노576

특수공무집행방해치상등

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the postponement of the execution of imprisonment for a period of two years and six months, the community service work for 80 hours and the compliance officer lecture) is too unfford and unreasonable.

2. Although the Defendant had been punished once by driving under the influence of alcohol and driving without a license, the Defendant, without a driver’s license, started a vehicle while driving the vehicle while driving the vehicle while driving the vehicle without a driver’s license, and obstructed the performance of official duties and inflicted an injury on the police officer.

These series of actions by the defendant can lead to serious harm to the life and property of others as well as the defendant himself, and it may lead to social disorder and harm the function of the state.

However, considering the following as a whole: (a) the Defendant appears to have seriously affected his/her wrong conduct through a prison life for 50 days; (b) the degree of injury suffered by a police officer is not significant; (c) the Defendant was making efforts to recover damage by depositing KRW 1.5 million for the victimized police officer; (d) the Defendant did not have any criminal record other than the three-time punishment by fine; and (e) the Defendant did not have any other criminal record; and (e) the Defendant’s age, character and behavior, environment, motive and means of the crime and the consequences of the crime; and (e) the circumstances after the crime, economic circumstances, etc., when the execution of imprisonment is suspended, the sentencing of the lower court ordering social service and compliance driving instruction cannot be deemed unfair because the sentencing of the lower court, which ordered the Defendant to take part in the prison life, is too unreasonable compared to

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