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(영문) 서울고등법원 2018.09.20 2018노1594
특수공무집행방해치상등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (unfair sentencing) is too unreasonable.

B. The above sentence sentenced by the prosecutor (unfair sentencing) by the court below is too unfasible and unfair.

2. The lower court determined that: (a) under the circumstances unfavorable to the Defendant, the Defendant was driving a motor vehicle at a rapid speed to evade arrest; (b) destroyed three motor vehicles by the police; and (c) escaped by driving the police; (d) thereby interfered with the legitimate exercise of public authority; (c) caused considerable risk to the traffic safety of the public; (d) the Defendant induced many victims as if he would pay the normal construction cost; and (e) took advantage of property benefits exceeding KRW 100 million; (e) the Defendant did not recover from the victims; and (e) the victims of the fraud were wanting to severely punish the Defendant; (b) under the circumstances favorable to the Defendant; (c) the Defendant led to the confession and reflect of the victims; (d) the payment of some of the victims; and (e) the injury caused by the crime of interfering with the performance of special duties was relatively minor; and (e) the Defendant’s age, sex and environment; and (e) the Defendant’s motive and consequence of the crime; and (e) determined the sentence for the Defendant as a two-year term of imprisonment.

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. The reason why the Defendant and the Prosecutor claimed is the reason why the lower court has already considered the Defendant’s punishment while determining the sentence, and the lower court’s sentencing judgment is also the same even in full view of the materials that were discovered in the course of the sentencing hearing of this court.

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