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(영문) 대전고등법원 2015.02.06 2014노554
특수공무집행방해치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (three years of suspended execution in one year and six months of imprisonment, and probation) is deemed to be too unhued and unfair.

2. The prosecutor's assertion that each of the crimes of this case is reasonable in light of the following: (a) the defendant injured a police officer who intends to execute a warrant of detention on his/her own with dangerous articles and inflicted an injury on the other driver on the other driver on the ground of minor trial expenses incurred during driving; and (b) the defendant has the same kind of criminal records of violence.

However, considering the fact that the defendant committed each of the crimes of this case in a state of mental suffering from mental division, the defendant made an effort to recover damage in violation of depth and made an agreement with the victim K, and the police officer agreed to deposit KRW 500,000 in the future, the defendant's parents are giving proper treatment and guidance to the defendant in the future, and the defendant has an opportunity to reflect during a considerable period of detention in the court below as this case, it is difficult to view the sentencing of the court below as being too unjustifiable to the extent that it should be reversed.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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