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(영문) 서울고등법원 2015.04.16 2015노283

특수공무집행방해치상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. In light of the following: (a) there are eight criminal records of the Defendant due to the crime of violence, drinking driving, etc.; (b) five times the period of imprisonment or more; (c) the Defendant committed each of the instant crimes without being aware of the fact that the Defendant was under the suspension of the execution of imprisonment for eight months on August 6, 2014 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Dangerous Driving, etc.) and was sentenced to the suspension of the execution; (d) the Defendant was under the influence of alcohol; and (e) the Defendant was driving without a license under the influence of alcohol; and (e) the Defendant was committing each of the instant crimes by assaulting the police officers performing legitimate duties by shocking the police officers who are in charge of patrol with a dangerous object, etc.; and (e) the Defendant refused to take a

However, in light of the fact that the defendant is against his mistake, the degree of injury suffered by the victimized police officers is relatively minor, the victim police officers deposited part of the amount of damage for the purpose of the victimized police officers when the judgment becomes final and conclusive after the sentence was sentenced to the defendant for the case in this case, the suspended execution (two years of suspended execution in August) prior to the final and conclusive judgment is invalidated, and other sentencing conditions in the records and arguments of this case, including the defendant's age, character and conduct, and environment, and all of the sentencing conditions in the records and arguments of this case, the judgment of the court below appears to

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

Criminal facts and the summary of evidence recognized by the court are the same as the corresponding columns of the judgment below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.