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(영문) 대구고등법원 2017.02.03 2016노605

특수공무집행방해치사등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (seven years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime committed by the Defendant was discovered while driving alcohol, and the victim, a traffic control police officer, runs away at the speed of the vehicle without stopping despite getting off the window frame of the driver’s seat, resulting in the victim’s death by going beyond the victim and with the rear wheels, and the crime and the nature of the crime are very heavy in light of the content of the crime and the gravity of damage.

A dead victim who had been performing official duties due to the criminal act of the defendant was born in the suffering, and the bereaved family, including the pregnant wife, was suffering from the slick pain that the husband and the father lost between the deceased and the father.

The defendant did not receive a letter from the bereaved family, and the bereaved family is dissatisfied with the strict punishment against the defendant.

Considering these circumstances, it is difficult to accept the sentence imposed by the court below as it is hard to accept.

However, when the defendant was in a trial, he led to a confession of all crimes, made a mistake in depth, and deposited KRW 50 million for the sake of the bereaved family, although he refused to receive the bereaved family.

In light of the overall consideration of the circumstances favorable to the defendant added in the trial at the same time, and all the circumstances constituting the conditions for sentencing as indicated in the records of this case, such as the defendant’s age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is determined to belong to the scope of appropriate sentence corresponding to the liability only when considering the changes in circumstances in the trial at the same time, and it is not determined that the sentence is too heavy or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, the appeal by the defendant and the prosecutor is with merit.