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(영문) 서울고등법원 2017.06.14 2017노429
특수공무집행방해치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) that the sentence imposed by the lower court on the Defendant (a prison term of two years, a suspended sentence of three years, a community service order of 80 hours, and an order to attend a law-abiding driving lecture of 40 hours) is too uneasy and unreasonable.

2. The act of causing a traffic accident while driving on a board, and then damaging public water by shocking the police vehicle by a police officer while following the tracking of the police officer dispatched, and causing an injury to the police officer shall be subject to criticism as acts of danger;

However, police officers are not seriously injured, and the damage caused by this case was recovered considerably through insurance purchased by the defendant, and the defendant has no record of punishment except for a fine imposed once.

Therefore, in full view of various sentencing conditions, such as the above circumstances and the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission, the Defendant’s age, sex, environment, family relationship, and the method and result of the crime, it is difficult to view the lower court’s sentence as being too uneasible and unfair.

2. The appeal by the public prosecutor on the conclusion is dismissed as there is no ground.

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