특수공무집행방해치상등
All appeals by the defendant and the prosecutor are dismissed.
1. Where there is no change in the conditions of sentencing compared to the lower court’s judgment on the unfair argument of sentencing by both parties, and the lower court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). This court did not submit new sentencing data, and there is no change in the conditions of sentencing compared to the lower court.
In addition, considering the fact that there is a history that the Defendant was punished for driving without a license or driving without a license on several occasions, the crime is not good in light of the circumstances and substance of the crime that led to the injury of obstructing the performance of special duties and avoiding crackdown, etc., which led to the Defendant’s unfavorable circumstances and the Defendant’s confession of the crime, and the fact that the Defendant agreed with the victim, etc., including the circumstances considered for the Defendant, and the sentencing conditions in the records and arguments, the lower court’s punishment exceeded the reasonable scope of discretion.
shall not be deemed to exist.
We do not accept the argument of the defendant and the prosecutor that the court below's sentencing is unfair.
2. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed as all are without merit.