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(영문) 부산고등법원 (창원) 2015.09.09 2015노244
특수공무집행방해치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended execution in two years and six months of imprisonment) is too unhutiled and unfair.

2. The crime of this case, which is recognized by the evidence, evidence, rule of evidence, and legal principles (the judgment of the court below that there was proof of injury), is recognized as an unfavorable sentencing factor or objective and neutral sentencing factor, such as the crime of this case, because the defendant, despite his awareness of non-entry in the vehicle for the safety of participants at assembly, driving the vehicle in the future without disregarding it, and thus, the crime of this case is not good in quality of the crime, and the special crime such as the crime of this case, such as the crime of this case, constitutes a crime requiring strict sentencing, in that it is likely to circumvent the exercise of legitimate public authority and cause serious

However, it is also recognized that the favorable sentencing factor or objective and neutral sentencing factor is also recognized, such as the fact that the defendant recognizes the crime of this case in court and seriously reflects his mistake, that the victim does not want the punishment against the defendant by mutual consent with the victim, that the defendant has long been punished once (1997) and that there is no other criminal record.

In full view of the aforementioned factors of sentencing, the statutory punishment for the crime of bodily injury resulting from the obstruction of performance of special duties in this case (limited to imprisonment of at least three years) and the applicable sentences in this case, the Defendant’s age, health status, character and conduct, intelligence and environment, motive and circumstance leading to the instant crime, the means and consequence of the instant crime, the circumstances after the crime, and the method and consequence of the appellate court’s sentencing (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all the circumstances revealed in the pleadings, such as imprisonment with prison labor as chosen by the lower court, the period of postponement, community service period, etc., the sentence imposed by the lower court cannot

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

Sentencing.

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