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(영문) 인천지방법원 2016.11.17 2016노3236
특수공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. In the civil litigation (a total of 3.8 million won) brought by the Defendant, the Defendant lost the four recommendations filed by the Defendant, on the ground that “The reason for the loss was that the participating officials of the competent court (victim public officials) did not deliver the documents submitted by the Defendant at the request of the other party to the other party and did not deliver the documents submitted by the Defendant to the presiding judge.” The Defendant interfered with the performance of official duties by putting the damaged public officials, who are dangerous things of the damaged public officials performing official duties at E and E offices, into debris.

Considering the fact that the defendant prepared for the decline from the house to the house, that the price side is a dangerous part that may cause a fatal sense to life, and that the defendant's investigation by the police conducted by the police, "it would only be so long that the defendant would have a strong desire to cause serious harm to the damaged public officials from the beginning, that there is no possibility that the illegal or unjustifiable factors might have occurred in the execution of public duties of the damaged public officials, while the defendant committed the crime of this case committed the crime of this case by the reading and Abathn only without any ground, and that it is obvious that the defendant's punishment of the defendant would cause considerable shock and apprehension to not only the damaged public officials but also all the whole court officials, there is a need to prevent the recurrence of similar cases by severely punishing the defendant.

The lower court was enacted by the Sentencing Committee of the Supreme Court by actively taking into account the circumstances favorable to the Defendant, such as the following: (a) the Defendant is aged 79 years of age, the health condition is not good; (b) the Defendant was punished once as an occupational embezzlement in 1987; and (c) there was no other criminal records except the punishment of fines; (d) the withdrawal of all civil litigation after the instant crime; and (e) the occurrence of disputes by itself, and (e) the process of the prosecution investigation

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