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(영문) 부산고등법원 (창원) 2018.04.04 2018노21
특수공무집행방해치상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was able to listen to the horses that the victim was the day following the instant crime and let the police leave the place where the Defendant was located.

Nevertheless, the court below did not reduce the punishment for self-denunciation.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. “Self-denunciation” as referred to in Article 52(1) of the Criminal Act regarding the assertion of mitigation of self-denunciation refers to an expression of intent to voluntarily report a crime to a government agency responsible for the investigation and seek the disposition thereof. Even if the Defendant voluntarily surrenders, the court is merely capable of voluntarily reducing the punishment, and it cannot be said that the lower court erred by failing to reduce the number of self-denunciation or failing to render a judgment on the assertion of mitigation of self-denunciation (see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). Examining the evidence duly adopted and examined by the lower court, even if so, the Defendant voluntarily reported the crime to an investigative agency and expressed his/her intent to seek the relevant disposition.

It is difficult to see it.

Even if the number of self-determination is recognized, the investigative agency has already been engaged in the investigation of the defendant's whereabouts by specifying the defendant, and the defendant has hearing the case from the person's will and it is difficult to flee.

In light of the developments leading up to escape and the degree of damage to the victim caused by the instant crime, it cannot be said that the lower court’s failure to reduce the amount of punishment on the ground of self-sufficiency is illegal or unfair.

B. Other circumstances favorable to the determination of the unfair sentencing argument - All of the instant crimes are recognized and reflected.

- In agreement with the injured party, the injured party appeals against the defendant.

- Dangerous circumstances - A dangerous object to avoid drinking control.

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