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(영문) 창원지방법원 2017.09.06 2017노957
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. We examine the reasoning of the judgment and the prosecutor together.

The accused is against the confession of the crime, and there is no record of punishment for the same crime.

There are circumstances in which children who support the defendant alone are disabled with intellectual disability 2nd degree and some of the circumstances are considered.

However, the crime of this case requires a public official working in the community service center to recognize the defendant's children as the basic recipient, and thus, the crime of this case is not good in light of the other party of intimidation and the content of intimidation.

Before committing the instant crime, the Defendant appears to have been found in the community service center several times prior to the instant crime, and even though it was invalidated, the Defendant committed a crime during the period of suspended execution.

In addition, interference with the execution of official duties requires strict punishment as a crime that undermines the function of maintaining legal order by nullifying the legitimate exercise of state's public authority.

Comprehensively taking into account the above normal relationship and other factors of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, the sentence of the lower court (the amount of KRW 5 million) is carried out within the reasonable scope of discretion, and it is too heavy or too unreasonable.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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