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(영문) 서울고등법원 2020.01.31 2019노2675
특수공무집행방해치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. As the Defendant was faced with a situation where the police officer’s crackdown was discovered while driving a motor vehicle, while driving the motor vehicle without complying with the police officer’s demand for stopping and allowing the police officer to use the motor vehicle on the road, thereby obstructing the police officer’s performance of official duties and causing injury to the police officer, and the nature of the crime is not good.

In 2018, the Defendant committed the instant crime even though he had the record of being sentenced to a fine of KRW 4 million due to the obstruction of performance of official duties by taking a desire and pushing ahead of police officers in the course of engaging in a dispute with police officers demanding voluntary behavior.

On the other hand, the defendant seems to have committed the crime of this case in contingency, and the degree of injury suffered by the damaged police officer is not much serious.

In this court, the defendant paid damages to the victimized police officer and agreed that only the injured police officer would have agreed to punish the defendant.

Although 40 days have passed after the crime, the Defendant voluntarily surrendered to the police station through a defense counsel.

In addition, the defendant has no record of being sentenced to imprisonment without prison labor or heavier punishment.

The defendant seems to have an opportunity to reflect on the defendant's living in custody of 11 share, and the social ties between the defendant's family, workplace, friend, friend, and friend are deemed to have good social ties.

In addition, considering the age, character and conduct, environment, etc. of the defendant and the conditions of all the sentencing shown in the argument of this case, even if considering the aforementioned unfavorable circumstances, the sentence of the court below is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Discretionary Judgment] Summary of Criminal facts and Evidence is recognized by this Court.

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