공무집행방해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. In fact, the Defendant did not make the statement to the public official I, among the facts charged in the instant case, that “each mistake” as stated in paragraphs (1) through (7), among the facts charged, the Defendant did not make the statement to the public official in charge of the Gu office in Daejeon Metropolitan City, Daejeon Metropolitan City. In the case of civil petition documents listed in paragraphs (4), a copy of the document is merely submitted to the public official in charge of the Gu office in the Daejeon Metropolitan City, Daejeon Metropolitan City, in order to inform the Supreme Court of the fact that the original document was submitted to the Supreme Court. (2) In other words, the Defendant’s voice is relatively large compared to other people. (1) In other words, the Defendant’s voice is not a threat to file a civil complaint or accusation against the unfair performance of official duties. (2) Even if it falls under family affairs and intimidation, the Defendant interfered with the execution of official duties.
(2) No person shall be involved in the performance of official duties.
(c)
The punishment sentenced by the court below to the defendant (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court, the Defendant’s assertion on this part is without merit, since the Defendant’s statement that, if not accepting the Defendant’s demand from I, the Defendant repeatedly files a malicious civil petition or accusation or does harm to the body, etc., or that copy of the civil petition document containing such content is placed on the I’s book.
B. Legal principles are erroneous. 1. Intimidation means an act of notifying harm for the purpose of causing fear to the other party. The content of harm and injury notified is objectively and objectively taking into account various circumstances at the time of the act, such as its circumstance, surrounding circumstances at the time of the act, the offender’s inclination, degree of friendship with the other party, and mutual relation between the offender and the other party.