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Reasons
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(영문) 대구지방법원 서부지원 2014.10.30 2014고단991
공무집행방해
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, without any justifiable reason, refused the demand of the police officer to return to the police officer who was dispatched after receiving a 112 report by refusing to get on another person’s vehicle without boarding the other person’s vehicle, due to symptoms of mental disorder, such as overwork, etc., and was returning home, which caused him/her to the police officer, at around 18:30 on January 9, 2014, the Defendant: (a) extracted the E head debt of the police officer, who is a police officer belonging to the D Zone D Zone of the Seongbuk Police Station, and prevented the police officer from performing his/her legitimate duties concerning the handling of the 112 Report Case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to headal kin photographs;

1. Relevant Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Selection of Punishment;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (in cases of conversion of KRW 100,000 per day);

1. The defense counsel on the defense counsel’s assertion of Article 59(1) of the Criminal Act (the punishment for which the suspension of sentence is suspended: fine of 2,00,000 won) (the defendant is the first offender, and considering the mental health condition of the defendant), asserts that the defendant committed a crime in the state of his/her loss.

The fact that the defendant was hospitalized with a mental and physical therapy due to symptoms, such as excessive symptoms, is recognized, and the crime of this case is judged to have been committed under the circumstances where the ability to discern things or make decisions is weak, but further, it does not seem that the defendant did not have the ability to discern things or make decisions.

Therefore, this part of the argument is without merit.

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