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(영문) 광주지방법원 2017.03.28 2016노5113
공무집행방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. As to the motive and background of the instant special intimidation, there is reason to take into account the motive and circumstance of the instant special intimidation, and the victim did not want to be punished, and it is recognized that the Defendant was also agreed with the police officer who was the object of the instant crime of obstructing the performance of official duties.

However, the crime of special intimidation in this case was not only a method of threatening the victim by showing the status of gasoline in its body and putting it into a rater, but also a method of causing a large risk to public safety, and thus, it is not appropriate to commit such crime as it may seriously interfere with the public duties of public officials, including victims.

In addition, punishment for a crime that interferes with the execution of official duties is to protect the official duties itself, so even though a public official who is the object of the crime does not want the punishment, it is difficult to consider it as a condition of sentencing.

In particular, even though the defendant has a number of violent crimes records, as well as various criminal records against public offices or public officials, such as obstructing the performance of official duties, damaging public goods, etc., the defendant committed each of the crimes in this case during the trial of the resistance after being sentenced to a suspended sentence of imprisonment due to special assault.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair due to the lack of reasonable discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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