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(영문) 대구고등법원 2013.12.19 2013노477
특수공무집행방해치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court (one year and six months of imprisonment, two years of suspended execution, and forty hours of an order to attend a course) is too unhued and unreasonable;

2. Although the Defendant had been punished several times due to the same kind of drinking driving, etc., the Defendant was not only engaged in driving without a license, but also engaged in driving without a license of this case, and the Defendant, which is a dangerous object, received a police officer who controlled drinking with a driver’s vehicle, and interfered with the performance of his duties and sustained injury.

The blood alcohol concentration level at the time of the drinking driving of this case is 0.148% high.

These circumstances are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized his criminal act and reflecteds the mistake. The fact that the defendant disposed of the vehicle of this case, the violence committed by the defendant to the control police officer is limited to the use of the part of the victim's left hand, the degree of injury suffered is relatively minor, the defendant deposited one million won for the victim, and the defendant did not have any criminal record exceeding the suspension of execution is favorable to the defendant.

In addition to this point, in full view of various circumstances, including the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unjustifiable and unreasonable.

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.

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