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(영문) 대구고등법원 2013.10.10 2011노399
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence in one year and six months) is too unhued and unreasonable;

2. In 2009, the Defendant was sentenced to a fine of two million won for the obstruction of performance of official duties, which is the same kind of crime.

It is not good that the defendant assaultss police officers dispatched after receiving a report on drinking alcohol, and does harm to the defendant, such as assaulting police officers who drive the police vehicles to lead the defendant, etc.

These circumstances are disadvantageous to the defendant.

However, the defendant has no previous convictions sentenced to a fine exceeding the fine.

The Defendant recognized the crime of this case and reflected his wrongness.

The defendant seems to have committed the crime of this case in a contingency under the influence of alcohol.

The extent of injury to the victims is minor, and the victims do not want to punish the defendant.

These circumstances are favorable to the defendant.

In addition, the sentencing guidelines on various violent crimes and obstruction of performance of official duties, which are conditions for the sentencing specified in the arguments of this case, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime was committed, were implemented on July 1, 201 and July 1, 201, respectively, after the crime of this case, and were subsequently implemented on July 1, 201. However, according to the above two sentencing guidelines, the sentencing guidelines of the court below are subject to the sentencing range of the recommendation [the sentencing range of the punishment of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment range of imprisonment between May and February 2: 5 months (the crime of violence, assault, crime of violence, crime of violence against the fourth category driver: the special mitigation range, mitigation factor of punishment: the minor injury, punishment range: imprisonment from one year to 1 year (the general crime of violence, crime area, general injury, general average injury, special mitigation factor, mitigation of punishment, recommendation of punishment range).

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