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(영문) 수원지방법원 2018.04.11 2017노8044
공무집행방해
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness for mental reasons at the time of preventing the instant crime.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, the fact that the Defendant had been treated prior to the instant crime due to the dynamic impulse disorder, depression, fear of personal injury, etc., and the fact that the Defendant attempted suicide after the instant crime and was hospitalized in the hospital is recognized.

However, in full view of all the circumstances such as the background leading up to the instant crime, method and details of the crime, and the situation before and after the instant crime, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions due to mental or physical disorder at the time of the instant crime. Therefore, the above assertion by the Defendant is without merit.

B. The instant crime of determining the illegality of sentencing is recognized as the crime of assaulting a police officer who leads to a legitimate performance of official duties by the Defendant, and the crime of obstructing the performance of official duties is deemed a crime of impairing the State’s function by nullifying a legitimate exercise of public authority. Therefore, the instant crime of obstructing the performance of official duties is recognized.

However, there is no record of criminal punishment except for the defendant's wrong recognition of his/her misconduct and the suspension of indictment for larceny, the defendant suffers from depression, etc., the defendant's emotional distress against the police officers dispatched by his/her spouse's report during the marriage between his/her spouse and his/her spouse, and there are circumstances to consider the crime of this case in the situation where the emotional distress against the police officers dispatched by his/her spouse's report was considerably high, and some of the victims do not want the punishment against the defendant, the defendant must support his/her her aged child along with his/her spouse and his/her spouse's appeal against the defendant, and the defendant's age, sex, environment, and other circumstances.

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