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(영문) 서울고등법원 2015.07.03 2014노3418
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 (two years of imprisonment, three years of suspended execution, three years of probation) is too unreasonable.

2. In the judgment of the court below, there are circumstances that can be considered in light of the circumstances, such as the fact that the defendant led to the confession of and reflect against the crime in the court below, the fact that the police officer appears to have committed a contingent crime in the course of avoiding the check by the police officer, the injury suffered by the victim was not excessive, and there was no criminal record for the same kind of crime.

However, it is difficult to see that the crime of this case was committed by a police officer without complying with the traffic control of the victim, who is a police officer, and went away from a car without complying with the traffic control of the victim, and the victim was shocked to the bridge of the victim. When the victim demanded the driver's driving and identification of status, the victim was faced with the bridge of the victim again. The victim obstructed the police officer's legitimate performance of official duties and caused injuries to the police officer, thereby hindering the police officer's legitimate performance of duties and causing injuries to the police officer. The crime of this case was committed in terms of the appearance and danger of the crime, including various crimes in the past. The defendant was punished for more than one time, including the punishment of various crimes in the past. The victim did not recover from damage, and the victim did not request the punishment of the defendant, and the defendant could not know the present location after being sentenced to the judgment of the court below, and the defendant's age, character and behavior, the defendant's environment, motive and circumstances of the crime, and the sentencing guidelines committee's recommendation to impose punishment too unfair punishment on the defendant.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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