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(영문) 광주고등법원 2016.11.03 2016노311
특수공무집행방해치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, and 160 hours of community service) that the court below sentenced the defendant is too unfasible and unreasonable.

2. The crime of this case is a case where the defendant sustained an injury by driving a cargo vehicle, which is a dangerous object to the police officer who performed official duties, and the crime of this case is also inferior in terms of the risk of the act and opposing the legitimate execution of public authority.

In addition, the defendant, immediately after committing the crime, committed a long-distance escape by avoiding the attack of police officers, and the circumstances after committing the crime are not very good.

Due to these crimes, the victimized police officers are likely to have suffered considerable mental shock as well as physical damage.

Nevertheless, the Defendant did not take any measures to recover damage.

However, there are extenuating circumstances in favor of the defendant, such as the fact that the defendant was aware of the crime, the fact that the cargo vehicle driven by the defendant was committed, the injury suffered by the police officers who suffered the damage due to the weak degree of the police officers, the fact that the defendant paid all the fines for negligence in arrears that became the foundation of the crime, the fact that several persons who are family members and family members want to leave the front of the defendant, there are no criminal power, and there are two elementary school students who should support.

In full view of all the sentencing conditions shown in the arguments in the instant case, including the Defendant’s age, character, conduct and environment, family relationship, motive and background, means and consequence of the crime, as well as the circumstances after the crime, it cannot be deemed that the above sentence imposed by the lower court within the sentencing criteria range of the Supreme Court Sentencing Committee is too uneasible and unreasonable.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

The court below is a simple crime of this case committed by two police officers performing official duties.

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