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(영문) 부산고등법원 2015.12.24 2015노664
특수공무집행방해치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, and 80 hours of community service) declared by the court below is too unfased and unreasonable.

2. The crime of this case was committed by the Defendant while under the influence of 0.081%, and was committed by the police officer who was tryed to drive a 3 km, and had the Defendant keep the vehicle on the street, and caused injury to the police officer in need of approximately 3 weeks of medical treatment on the vehicle, and the nature of the crime was bad. The crime of this case was committed by the Defendant, due to the Defendant’s attempted escape at the intersection where the passage of the vehicle is frequent at the time of heavy rain, resulting in a serious threat to the safety of ordinary citizens as well as the traffic of ordinary citizens.

However, there are many circumstances favorable to the defendant, such as the fact that the defendant reflects the crime, the injury suffered by the victim is not much severe, and the drinking volume of the defendant is not high, the defendant made efforts to recover damage by depositing three million won for the victim police officer, and the defendant has no special criminal history except for a long-term punishment.

As above, all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, family relation, etc., even if the defendant imposes the treatment within the society, such as the suspension of execution of imprisonment with prison labor, which is attached to the community service order, can sufficiently have special preventive effects, the sentence imposed on the defendant within the scope of the recommended punishment specified in the sentencing guidelines (at least two years of imprisonment) is recognized as being within the scope of the proper punishment according to the defendant's responsibility, and it is too too far.

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