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(영문) 서울고등법원 2014.07.25 2014노1169
특수공무집행방해치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible compared to the nature of the instant crime and the character and conduct of the Defendant, which is sentenced by the lower court for one year and six months, and two years of suspended execution.

2. The instant crime committed by the Defendant, while driving a vehicle without a license, did not comply with the Defendant’s demand by the police officer while leaving the vehicle, and prevented the Defendant from flying, and then knee-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe

In particular, in light of the fact that the crime of injury resulting from special obstruction of performance of official duties by using automobiles could disarm the exercise of legitimate public authority and cause human injury, which is highly dangerous, the defendant received juvenile protective disposition several times, and that the defendant again led to the crime of this case even though he was under probation at the time of the crime of this case, it is necessary to punish the defendant with severe punishment corresponding to his criminal liability.

However, in the case of the crime of violation of the Punishment of Violences, etc. Act (joint conflict), it seems that the victim was returned to the victim, the degree of injury by police officers in the case of the crime of causing bodily injury to a special obstruction of performance of official duties is not severe, the defendant voluntarily reported to the probation officer in charge after the crime was committed, and the defendant was aware of the crime of this case, and the defendant's parents appeared to be able to actively attend the court and actively guide the defendant and make it possible for the defendant to continue to be a sound social person.

In full view of all other circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and result of the crime, the circumstances after the crime was committed, etc., the lower court shall take into account.

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