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(영문) 부산고등법원 2015.06.18 2015노220
특수공무집행방해치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of three years of suspended execution in one year and six months of imprisonment, probation, an order to attend a 40-hour alcohol treatment course, and an order to provide community service for 160 hours of imprisonment) declared by the court below is too uneasible and unreasonable.

2. The crime of this case is deemed to be under the influence of alcohol on the same day after the defendant was under the influence of alcohol driving.

In order to avoid this breath in the drinking control, it is very poor that the defendant interfered with the business by avoiding disturbance from the main point of view to calculating the drinking value, and thereby obstructing the performance of official duties by threatening the police officer dispatched therefrom. The defendant has been punished three times by a fine due to the drinking driving, and the defendant has been punished by the imprisonment of six months due to the violation of the Punishment of Violences, etc. Act, and the defendant has committed a total of six times of violence, including a total of six times of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act.

On the other hand, the degree of injury suffered by the victimized police officers is relatively heavy, the defendant recognizes all his own crimes and reflects them in depth, the crime of obstruction of the performance of official duties is agreed with the police officers P in relation to the crime of obstruction of the performance of official duties, deposit 1.5 million won each for the police officers related to the crime of injury resulting from special obstruction of the performance of official duties, and the fact that the defendant has no criminal record exceeding the suspension of execution

As above, considering the circumstances unfavorable to or favorable to the defendant and all other factors of sentencing indicated 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 relationship, etc., even if the defendant imposes treatment on the defendant, such as probation, community service order and suspension of execution of imprisonment with labor, which added the order to attend a lecture, can sufficiently lead to special preventive effects.

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