(영문) 서울고등법원 2018.10.05 2018노1960 | 리걸엔진

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(영문) 서울고등법원 2018.10.05 2018노1960

특수공무집행방해치상등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the fact-finding of the facts charged in the instant case, the distance between the Defendant and the Defendant by driving a motor bicycle with the victim every month and driving the motor is not less than 10 meters. B. The sentence that the lower court sentenced the Defendant to the punishment unfair for sentencing (one year and six months, and KRW 150,000,000) is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendant made the same assertion as the grounds for appeal in this part, and the lower court rejected the above assertion by explaining the judgment on the Defendant and the defense counsel’s assertion in the written judgment. Examining the judgment of the lower court in a close comparison with the evidential materials, the

Therefore, the defendant's assertion of facts is without merit.

B. The lower court rendered a sentence lower than the lower limit of the sentencing guidelines set forth in the sentencing guidelines of the Sentencing Committee by comprehensively taking account of the following factors: (a) the Defendant’s act of causing injury to the police officer while driving a motor bicycle on the ground that the Defendant’s act of interfering with the execution of the special duties of this case is likely to be discovered; (b) the Defendant’s act of causing injury to the police officer while driving the motor bicycle on the ground that the Defendant might be aware of the fact of driving without a license; and (c) the Defendant again committed a crime of violating the Road Traffic Act (unlicensed driving) even though his license was revoked due to drinking driving; (b) the Defendant committed a crime of violating his mistake; and (b) the Defendant reflects favorable circumstances; and (c) the Defendant’s age, health, sex, environment, family relationship, motive for the crime, circumstances after the crime, etc. was committed.

The sentencing that the defendant asserts in the trial of the court is the sentencing.

유사 판례

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-서울고등법원 2018.08.16 2018노1423

-대전고등법원 2016.09.09 2016노198

-울산지방법원 2016.06.10 2016노206

-서울고등법원 2017.05.11 2017노798