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(영문) 서울고등법원 2020.12.04 2020노1719
특수공무집행방해치상등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (five years of imprisonment) is too unreasonable.

2. The Defendant is extremely dangerous to commit the crime, such as causing injury to the police officer, damaging the police vehicle, etc., and destroying the police vehicle, while driving a motor vehicle in a state of drinking, and disregarding the demand of the police officer to stop the motor vehicle by a police officer called out after receiving a report of 112 while driving a motor vehicle, and leading the police officer to escape, and causing the police officer again, and causing damage to the motor vehicle by a police officer on board by a police officer, etc., and the responsibility is very heavy by nullifying the exercise

In addition, the nature of the crime is not good by allowing Co-defendant B of the court below to make a false confession.

It was not possible to recover damage to police officers.

Many criminal offenses were committed against the defendant and the crime of this case was committed during the period of repeated crime.

However, the defendant shows the attitude to recognize and reflect all the crimes of this case at the latest.

The defendant did not have the same criminal record for the defendant, and one of five victimized police officers expressed the will of the defendant to the defendant.

In addition, the sentencing guidelines do not apply to the defendant's age, career, character and conduct, environment, family relation, motive and background of the crime, means and result of the crime, various sentencing conditions and legal applicable sentences as shown in the records and arguments, the sentencing guidelines of the Sentencing Committee, and the crime of causing bodily injury to public goods by special obstruction of performance of duties and the crime of damaging public goods by the sentencing guidelines of the Sentencing Committee, but the scope of the recommended punishment for special obstruction of performance of duties as mentioned in reference is from 3 to 4 years (the recommended punishment is in accordance with the minimum sentence of the applicable punishment in law, in comparison with the imprisonment of 2 to 4 years or the minimum sentence of the applicable

If there are many damaged public officials, three to seven years of imprisonment, which is the aggravated area.

When applying the standards for handling multiple crimes to each special obstruction of performance of official duties, they shall be punished.

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