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(영문) 부산지방법원 동부지원 2019.10.15 2019고합143

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

Criminal facts

The facts leading to medical treatment and custody [criminal facts] The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") committed the following crimes under the lack of the ability to discern things and make decisions due to his or her detailed unknown illness.

피고인은 2018. 6. 4. 16:10경 부산 해운대구 B에 있는 C선생 비석 인근에서 ‘주취 남자 행패’라는 112신고를 받고 출동한 해운대경찰서 D지구대 소속 경위 E에게 “이 개새끼가, 이 개자슥아, 해운대에서 돈을 많이 받아처 먹었네, 니가 도둑놈 아니가”라고 욕설을 하며 손으로 E의 배 부위를 1회, 왼쪽 뺨을 2회 때리고 이를 제지하는 위 지구대 소속 순경 F의 왼쪽 뺨을 손으로 1회 때리는 등 폭행하여 경찰공무원들의 112신고 사건 처리 업무 등에 관한 정당한 직무집행을 방해하였다.

[Facts under medical treatment and custody] On April 21, 2017, the Defendant committed violent crimes repeatedly in the state of exploitation, including the record of the suspended sentence of imprisonment due to the crime of interference with business, etc.

The doctor diagnosed that the defendant has been deadly deadly in detail.

The accused is a mentally handicapped person whose punishment is mitigated due to mental illness and has the necessity to receive medical treatment at a medical treatment and custody facility and risk of recidivism.

Summary of Evidence

1. Each statement of witness F, G and E in the 8th trial records;

1. Each investigation report (the sequence 3, 6, 10, 13, 15, 16 of the evidence list);

1. 112 Reporting case handling table; and

1. In full view of the following facts and circumstances revealed by the evidence and statement of criminal history records, medical certificate, and social report prior to the judgment, it is reasonable to view that the defendant needs to receive medical treatment at a medical treatment and custody facility and that there exists the risk of re-offending if the defendant does not receive appropriate medical treatment.

(1) The defendant shall be a psychiatrist on February 13, 2018 and April 20, 2019.