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(영문) 청주지방법원 2020.04.17 2020고합22

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 respondent for medical treatment and custody (hereinafter referred to as "defendant") committed the following crimes in a state that they have the ability to discern things or make decisions due to mental illness, such as a mental illness in detail, etc.

On April 20, 2019, around 06:35, the Defendant received instructions from an assistant principal D, who is a public official of the above C, to undergo a weather inspection at the 21st floor above the 1st floor above the 1st floor above the 1st floor above the Doang City, Jin-si, 2019, but failed to conduct a weather broadcasting. The Defendant was able to see D’s head debt and knife D’s face and hand, thereby hindering the legitimate execution of duties concerning the treatment of female prisoners of the above D.

[Facts of the grounds for medical treatment and custody] The defendant is a mentally handicapped person who is not clear in detail and has committed a crime corresponding to imprisonment without prison labor or heavier punishment, and there is a need to receive medical treatment at a medical treatment and custody facility and the risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. A working report (D);

1. Investigation report (report on the submission of a photographic photo, and the submission of a CCTV screen to the CCTV image screen);

1. The following circumstances acknowledged by the need for treatment as indicated in the judgment and the evidence duly adopted and examined by the court below, namely, ① the Defendant had been hospitalized for a long time from October 23, 2007 to April 27, 2009 on three occasions, and had been hospitalized for a period of time under the on-site examination during the period of time from October 23, 2007 to and from April 27, 2009, and the Defendant appears to have failed to undergo special treatment while living in a old-age room. ② On May 15, 2019, the Defendant was diagnosed by a complication and received a outpatient treatment after receiving a diagnosis of a comfordic mental disorder in the prison, and thereafter, the Defendant refused to put in the clothes by reporting her face and urine, or showed symptoms such as abusive or assaulting a prison officer, without any particular reason. ③ The Defendant also appears to have been given a mental disease before committing the instant crime.