beta
(영문) 서울고등법원 2016.06.17 2016노1085

특수공무집행방해치상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: The punishment sentenced by the court below (one year and six months of imprisonment) unfairly unfair in sentencing is too unreasonable.

2. The Defendant’s crime of this case, which interferes with the public official’s performance of duties in charge of keeping the number plate of the delinquent vehicle in custody, and suffered a pressure on the victim’s left side of the vehicle in the process, is highly likely to be criticized in that the exercise of legitimate public power could not be avoided and at the same time the public official’s body could be seriously harmed.

Moreover, the Defendant committed the instant crime because it was sentenced to suspended sentence due to the attempted fraud, etc.

The court below decided the punishment by escaping from the scope of the recommendation by the Sentencing Commission (two to four years of imprisonment) of the Supreme Court in consideration of the favorable circumstances such as the fact that the defendant was punished for the same kind of crime for about 10 years in recent years, and that he was suffering from cancer and urology and suffering from disease, and that the state of health is not good. In addition, considering favorable circumstances such as the defendant's depth and deposit of additional KRW 1 million at the court below for the victim, the court below's sentence of the punishment by the lower court cannot be deemed unfair because the sentence of the punishment by the lower court, which sentenced the punishment by the lower court, is unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.