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(영문) 수원지방법원성남지원 2020.12.17 2020고합159

특수공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A person subject to medical treatment and custody (hereinafter referred to as "defendant") is a person who lacks the ability to discern things or make decisions due to symptoms of mental illness, such as a man's illness.

At around 08:46 on May 18, 2020, the Defendant received 112 reports that “the Defendant gets dead,” and sent to the site by E, a police officer belonging to the D Zone, etc., who is a police officer belonging to the D Zone, and threatened police officers with excessive amount of dangerous articles ( approximately 22 cm in length). Accordingly, E, etc., upon soliciting the Defendant to knife a knife, threatened the Defendant with excessive police officers, and threatened the Defendant “I will die knife knife knife knife knife knife.”

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the investigation of crimes and the maintenance of order.

Summary of Evidence

1. Application of the protocol of seizure, list of seizure, articles seized, and on-site photograph Acts and subordinate statutes to the defendant's legal statement E, F of each police statement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, subparagraph 1 of Article 2-3 and Article 44-2 (1) of the Medical Treatment and Custody, etc. Act;

1. Reasons for sentencing in the latter part of Article 12 (1) of the Act on Medical Treatment and Custody, Etc. to dismiss a medical treatment and custody application under Article 48 (1) 1 of the Criminal

1. Scope of punishment by law: Imprisonment with prison labor for one month to three years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1] the obstruction of performance of official duties/performance of duties (specially impunified person] mitigation elements: mental health and physical disability [area of recommendation and recommendation range] mitigation area, imprisonment with labor for one month to eight months.

3. Determination of sentence - The crime of this case shall be the defendant.