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(영문) 부산고등법원 (창원) 2015.03.25 2015노9
특수공무집행방해치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case recognized by the evidence, the evidence law, and the legal principles are found to be a disadvantageous sentencing factor or objective and neutral sentencing factor such as the defendant's act of committing the crime of this case without being aware of the fact that he committed the crime of this case without being aware of the record of being punished by drinking driving in 204 and in 2009, committed the crime of this case without being aware of the fact that he committed the crime of this case without being aware of the record of being aware of the record of being punished by drinking driving in 204 and 2009.

However, in full view of the following circumstances: (a) the defendant is detained in prison for about six months until the trial; (b) the distance between enforcement police officers is considerably 300 meters; (c) however, even though there are criminal records or criminal records of the same kind and no degree of mental or physical disorder, the victim's injury is relatively minor in terms of the victim's injury; (d) the scope of statutory punishment resulting from special obstruction of performance of official duties (not less than three years), the sentencing guidelines recommended by the sentencing guidelines, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of the crime; and (e) the sentencing guidelines and the suspended execution guidelines of the Supreme Court Sentencing Committee, it is appropriate to select treatment and correction measures within society so that the defendant does not repeat the crime through probation, community service, etc. instead of suspending the execution of imprisonment with prison labor and the sentence.

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