Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 정신분열증으로 인하여 사물을 변별할 능력이나 의사를 결정할 능력이 미약한 상태에서 2015. 3. 4. 17:42경 서울 은평구 연서로 291 서서울농협 연서지점에서, ‘어떤 여자가 못가게 한다’는 내용의 112신고를 받고 출동한 서울은평경찰서 C지구대 소속 경찰관인 경사 D에게 ‘너는 뭐하는 경찰 새끼야!’라고 욕설을 하면서 손바닥으로 D의 머리를 때리고 발로 허벅지를 걷어찼으며 계속하여 D의 오른쪽 발을 밟았다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A E-document;

1. The defense counsel in the determination of the defense counsel in the investigation report (telec investigation) asserts that the defendant committed the instant crime by mistake of the police officers dispatched to North Korea as soon as North Korea due to the mental fission at the time of the instant crime, and thus, the instant crime was committed. As such, in light of each of the above evidence, the defendant was found to have been under medical treatment since 2011, but it cannot be deemed that the fact that the defendant was receiving medical treatment from 2011 is recognized as having reached the state where the defendant had no ability to discern things or make decisions. Thus, the above assertion by the defense counsel is rejected

Application of Statutes

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 10 (2) and 55 (1) 6 of the Criminal Act to be legally mitigated;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, the degree of obstruction of performance of official duties, the background leading to the instant crime, the mental capacity of the Defendant, and the criminal records, etc. shall be considered.