Criminal facts

피고인은 2019. 7. 13 11:33경 서울 광진구 B에 있는 피고인의 집에서, ‘피고인이 계단 난간에서 뭘 태우고 있다’는 112신고를 받고 출동한 서울광진경찰서 C파출소 소속 경장 D 등이 현장 상황을 파악하려고 하자 위험한 물건인 망치를 들어 D 등을 향해 휘두르며 “야 씨발 다 안가, 다 죽여버린다. 끝까지 해보자”고 소리를 지르며 위협하였다.

Accordingly, the defendant, carrying dangerous articles, assaults police officers who perform legitimate duties concerning the handling of 112 Reporting Cases, and threatened them to interfere with the execution of official duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Stop photographs;

1. Investigation reports (Attachment of On-the-spot photographs), investigation reports (Attachment of Table for Handling 112 Reporting Cases);

1. On-site photographs;

1. Notification to a department related to 112 incident reports;

1. Previous convictions: Inquiry reports, investigation reports (related to suspect A repeated crimes and attachment of related cases), personal confinement status, and application of Acts and subordinate statutes of court rulings;

1. Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment provided for in the special obstruction of performance of official duties against D by a police officer with heavier rank);

1. Selection of imprisonment with prison labor chosen;

1. The defendant asserts that Article 35 of the Criminal Act, among repeated offenders, the defendant was in a state of mental suffering from mental illness at the time of the instant case.

However, in full view of the circumstances surrounding the instant crime, the means and consequence of the crime, the act of the defendant before and after the crime, etc., the defendant has the ability to discern things or make decisions due to mental illness at the time of the crime.