beta
(영문) 서울고등법원 2014.05.02 2014노482

특수공무집행방해치상등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal asserted misapprehension of legal principles in the initial statement of grounds for appeal, but withdrawn the above assertion through the reference document for reference as of April 14, 2014, which was stated on the date of the first trial of the court of first instance.

The sentence of the court below (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant shows an attitude against the defendant when he recognized all of the crimes of this case. The defendant deposited KRW 3 million to the police officer who is the victim of the injury resulting from the obstruction of performance of official duties, as the name of recovery from damage, and the victim expressed his intent to the defendant's wife at the trial, and the defendant's wife and two children need to support are considered as favorable to the defendant.

However, the crime of this case, however, was committed by the Defendant while driving a motor vehicle while driving the motor vehicle, resulting in the Defendant’s injury to the police officer who was performing his duties by driving the motor vehicle, while driving the motor vehicle, and driving the motor vehicle on the motor vehicle, and driving the motor vehicle at the same time to escape about 7 km from the police officer while performing his duties without any rescue measures, and the nature of the crime is very poor, and the victim suffered injury that requires medical treatment for about 6 weeks, such as the victim’s cutting the bones of the bones and the outbreak of the throst, and the Defendant committed the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes before the crime of this case, more than 4 times a two-time driver without a license.

In addition to the fact that a person has been punished by a fine throughout the period of punishment, in consideration of various conditions of sentencing as shown in the records, such as Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (three to six years of imprisonment), the above sentence of the court below that sentenced a lower sentence than the lower sentence would be too unreasonable.