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(영문) 부산고등법원 2020.12.24 2020노474
특수공무집행방해치상
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below against the defendant (one year of imprisonment).

2. The crime of this case was committed by the police officer in order to pass through the control point by accelerating the motor vehicle that the defendant was driving in order to escape from the crackdown on drinking driving, and the left side part of the motor vehicle, which led to the shock of the parts of the arms of the police officer who is the victim, thereby hindering the police officer from performing his duties concerning the crackdown on drinking driving.

The lower court, in light of the interview with the method of crime, danger, etc., and the fact that the Defendant committed the instant crime without being aware of the fact that the Defendant was committed even during the period of repeated crime, taking into account the favorable circumstances, taking into account the fact that the Defendant itself shows an attitude to recognize and reflect the Defendant’s act itself, and that the victim was not much different, and determined the sentence against the Defendant by taking into account the recommended sentencing guidelines of the sentencing committee of the Supreme Court.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The sentencing of the lower court appears to have been appropriately determined by fully taking into account the aforementioned various circumstances, and there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial.

This is also the same in view of the fact that the defendant was at the time of the crime of this case and deposited KRW 1,00,000 with the police officer who was performing official duties at the time of the crime of this case as the person under deposit.

The defendant had been sentenced to punishment for the previous crime and had been able to commit the crime of this case again during the period of repeated crime.

In order to avoid the crackdown on drinking driving, the act of passing through the traffic site as it is is is very dangerous as well as the establishment of traffic order.

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