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(영문) 광주지방법원 2018.08.30 2018고단2125

특수공무집행방해등

Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be subject to the protection observation for a period of one year and observe the protection.

Reasons

Punishment of the crime

The Defendant, due to short-term reaction mental disorder, has weak capacity to discern things or make decisions;

1. On October 28, 2017, on the grounds that around 02:30 around 02, Gwangju Northern-ro, 181, the victim threatened the victim with a difficult stude, which is a dangerous thing for the head of the victim B (the 16-year old) who was living in the sperm, on the ground that it would be sleeped in the front way of the victim B (the 16-year old).

2. On October 28, 2017, around 02:45, at the front of the Park set forth in the foregoing paragraph 1. A warning that it would cause a salary to D, a police officer belonging to the police station of Gwangju Northern District, dispatched after receiving a report from the above B on the front of the Park set forth in the foregoing paragraph 1.

Nyera Doz. Doz. Doz.

“In doing so, at one time the left shoulder of D, which is a dangerous object, interfered with the police officer’s legitimate execution of duties concerning the handling of reporting 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D and B;

1. Difficult-wing photographs;

1. Application of Acts and subordinate statutes to each written opinion, a statement of outcoming re-record, a prescription inquiry, a medical certificate, and a medical certificate;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) of the Criminal Act (a point of obstructing the performance of special official duties), Articles 284 and 283(1) (a) of the Criminal Act, and each choice of imprisonment with prison labor;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Punishment to suspend a sentence under Article 59(1) of the Criminal Act: The reason for the suspended sentence in April: The Defendant’s act should be subject to criticism; however, the Defendant’s act should be repented in depth; the Defendant’s act was committed in a state of mental and physical weakness as a result of the commission of the crime, which occurred due to the occurrence of mental illness, etc. from which it was difficult to adapt to the military service; and the suspension of drinking drugs; and the Defendant’s act was continuously being treated after the instant crime. A criminal record was committed before the instant crime.