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(영문) 대전고등법원 2013.06.26 2013노205

특수공무집행방해치상등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment, three years of suspended execution, community service, 80 hours of education, 40 hours of education) is too unreasonable.

2. The circumstances are favorable to determine punishment, such as the fact that the defendant is aware of all the crimes and reflects the fact, the fact that there is no previous conviction or heavier than the suspended sentence prior to the instant case, and the victim does not want to be punished.

However, the defendant's act of shocking police officers and attempted to run away by a vehicle in order to escape from the regulation of drinking driving is highly dangerous, and the crime is extremely poor, and the degree of blood alcohol concentration is not lowered.

In addition, considering all the circumstances that are conditions for sentencing, such as the Defendant’s age, occupation, character and conduct, motive of the offense, and circumstances after the offense, the lower court’s punishment is not deemed to be too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.