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(영문) 서울중앙지방법원 2018.10.05 2018고합723

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

A person who applies for a medical care and custody shall be punished.

Reasons

Criminal facts

The Defendant was sentenced to four months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Northern District Court on December 15, 2017 and completed the execution of the sentence at the detention center in Seoul Eastern District Court on February 22, 2018.

[] Under the lack of capacity to discern things due to Cho Jae-in, the Defendant: (a) around March 10, 2018, when he was unable to make a decision; (b) around 08:40 on March 10, 2018, at the Docker located in Jongno-gu Seoul, Jongno-gu, Seoul, the Defendant 112 reported that the Defendant loaded an object and carried a seat; (c) the police officer F of the Ro-gu police box belonging to the Ro-gu Police Station Embox 62 (H) and arrived at the above place after driving the patrol 62 (H); and (d) at the same time, the Defendant was able to get off the entrance and the entrance of the above police officer, which is a dangerous object that was abandoned around the Gap himself, with the front of the police officer’s seat 20cc high, X 20cc high, weight 6.4kg.

Accordingly, the Defendant damaged the patrol car, which is an object used by public offices, thereby impairing the utility of the patrol car, and carried dangerous objects, and obstructed the police officers’ legitimate execution of their duties concerning the prevention of crimes and the handling of 112 reported cases.

[Judgment of the court below] Defendant 1 committed a crime under the lack of the ability to discern things or make decisions as above. Defendant 2 committed a crime with mental or physical disabilities, which constitutes a crime of imprisonment without prison labor or heavier punishment, and the risk of recidivism is likely to cause recidivism, and it is necessary to receive treatment for a considerable period of time

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A detailed statement of the processing of reported cases;

1. The photograph (1,8) of each damaged patrol unit 62, and the photograph of a dangerous article;