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(영문) 인천지방법원 2017.02.16 2016고단6490

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 21, 2016, at around 14:15, the Defendant used the D Kindergarten in Jung-gu Incheon, Jung-gu, Incheon, for a report of 112 that the Defendant would have the children in the above kindergarten, and the F, a guard belonging to the Incheon Police Station E District Unit of the Incheon Jung-gu, who was dispatched to the site, prevented the Defendant, and assaulted the above F’s back-to-face of the back-to-face of the above F on one occasion.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The crime is not committed against police officers who wear the uniform for the reason of sentencing under Articles 2, 44-2(1) and 44-2(2) of the Addenda of the Act on the Order of Medical Treatment, Protection, Medical Care, Care, etc., but the execution of imprisonment with prison labor is suspended considering the fact that the Defendant, upon the birth of the current symptoms, committed the instant crime in the physical and mental weak condition, and that the medical treatment is required.

Comprehensively taking account of the mental health conditions of the defendant and the circumstances leading to the crime of this case, the defendant needs to undergo mental treatment and pharmacologic treatment in order to restrain recidivism, but it is judged that the defendant lacks the economic ability to bear the treatment costs.

Considering these circumstances, it is ordered that the defendant receive medical treatment in accordance with the Medical Treatment, Care, etc. Act.