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(영문) 수원지방법원 2016.03.23 2015노5053
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. The judgment of the Defendant agreed with the taxi engineer D, and the Defendant is the first offender, and is against the instant crime.

However, while under the influence of alcohol, the Defendant arbitrarily driven the taxi of the above victim, and inflicted serious injury upon the victim in need of medical treatment of about 12 weeks during the process, and escaped without taking necessary measures such as relief.

In addition, the defendant assaulted the police officer who arrested him as an offender in the above crime, and the obstruction of the performance of official duties is a crime that interferes with the legitimate exercise of public authority and thus causes damage to the function of the state.

In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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