beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. Considering the summary of the grounds for appeal, the background of the instant crime and the Defendant’s previous convictions such as the violation of the Road Traffic Act, etc., a strict sentence should be imposed. Therefore, the lower court’s punishment (one year and six months of imprisonment, and two years of suspended execution) is too uneasy and unreasonable.
2. Determination
A. In order to avoid a disposition of notice, the Defendant’s main element of the suspension of execution is the crime of causing bodily injury resulting from the obstruction of execution of official duties, in which the Defendant had police officers go beyond the long distance by accelerating cargo vehicles, which are dangerous objects, in order to avoid a disposition of notice, and sustained bodily injury requiring medical treatment for two weeks.
B. However, the main factor of the suspended execution is that the defendant is responsible for the result of the injury and deposited KRW 2,00,000 as a group of damages for police officers.
In addition, it seems that the social ties of the defendant seems clear, the defendant's mistake about the obstruction of performance of official duties, which is a basic crime, is recognized and seriously contradictory to the defendant, the defendant has no criminal record of suspension of execution or more than a minor fine, and the detention of the defendant seems to involve excessive difficulties for his family members, etc. are general elements of suspension of execution.
In addition, the reason why police officers suffered bodily injury is not that of the defendant's active police officers with the vehicle, but because police officers took the back part of the defendant's vehicle, and the degree of injury that police officers suffered is not relatively important. It is difficult to view that there is a tendency for the defendant to light the legal order even if considering the background of the crime in this case and the criminal records of the defendant, etc.
(c) The age, character and conduct, family environment, and motive and motive of the offence of the accused.