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(영문) 광주지방법원 해남지원 2019.01.23 2018고합42

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized knife Nos. 1, 1, and 1,000,00 square meters on emergency (No. 2) shall apply respectively.

Reasons

Criminal facts

On March 9, 2016, the defendant and the applicant for medical treatment and custody (hereinafter referred to as "defendant") were sentenced to imprisonment with prison labor for a period of one year and six months for the crime of injury by continuation in existence, etc. in the Nam-gu District Court of Gwangju District, and completed the execution of the sentence on February 10, 2017.

【Criminal Facts】

The defendant had a weak ability to discern things or make decisions due to the illness of the defendant.

On August 23, 2018, around 01:53, the Defendant continued to open the kitchen D (22 years of age) and slope E (42 years of age), a worker at the situation room, in front of the C police station's entrance located in B, in front of the C police station's office located in B on August 23, 2018, and repeatedly opened the kitchen (30cm in length, about 19cm in length, about 19cm in a knife and knife), etc., "Is the knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife)."

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of their duties on the maintenance of police station conditions and security of government offices.

[Facts that cause of medical treatment and custody] A person who commits an offense falling under imprisonment without prison labor or a heavier punishment under the circumstance that the defendant lacks the ability to discern things or make decisions due to the on-site illness, needs to receive medical treatment at the medical treatment and custody facility and risks of recidivism.

Summary of Evidence

1. The statements made by witnesses E and D in the second trial records;

1. Records of seizure and the list of seizure;

1. Other relevant photographs;

1. A mental appraisal report;

1. Previous records of judgment: Criminal records, inquiry reports, two copies of judgment, and current status of acceptance by individuals;

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following circumstances acknowledged by the aforementioned evidence, i.e., the result of the Defendant’s mental assessment, i.e., the Defendant’s damage and self-defensive accident.