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(영문) 서울고등법원 2013.07.04 2013노1658

특수공무집행방해치상등

Text

The defendant's appeal is dismissed.

Reasons

1. Considering the summary of the grounds for appeal of this case, the circumstances leading up to the instant crime and the fact that the Defendant agreed with the victim E, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is unfair considering the following: the defendant divided his mistake into one million won, and the defendant deposited one million won for the victim D and E at the court below; the defendant agreed with the victim E at the court below; the victim's injury level was not excessive; and the defendant suffered traffic accidents in this case with a motor vehicle that is a dangerous object for the victim under the influence of alcohol without a driver's license; the defendant received a police officer's vehicle without a driver's license; and the motive of the crime or the form of the crime; and there was a lot of harm to human life; the defendant has been punished several times due to driving without a driver's license or driving without a driver's license even before the case; and the defendant has been punished several times due to a non-driving or drinking; the defendant's age, character, environment, family relationship, the motive and background of the crime; the method and consequence of the crime; and the method of and result of the crime of obstruction of performance of official duties after the crime.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.