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(영문) 서울남부지방법원 2017.04.27 2016고합587
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

The treatment, custody and custody applicant shall be treated, and stored.

Reasons

Criminal facts

The facts of the reason for the medical care and custody [criminal facts] The defendant and the person in charge of the medical care and custody (hereinafter referred to as the "defendant") share his own / her clothes, tear his / her clothes, steals money, and there is organized violence in the behind.

As a patient with a mental disorder, such as those who think of the situation, the ability to discern things or make decisions is weak.

On October 23, 2016, the Defendant: (a) around 20:03, at the bicycle storage facility of the Geumcheon-gu Seoul Metropolitan Government building, “A man who has been frighting to frighting,” and (b) at the Geumcheon-gu Seoul Metropolitan Government Building and bicycle storage facility, the security guards affiliated with the Seoul Geumcheon Police Station D police box sent after receiving a report 112 wishing the Defendant to take his own bath, and (c) the frighting of the proxy seat (flag, width 17cm, length 8cm, length 8cm) which is a dangerous object in the main machine, was displayed several times, and E’s face was marked one time with the above substitute seat.

As a result, the Defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers in relation to the prevention of crimes, etc., and thereby E (50) suffered injury, such as the cutting of a pelto and the heat of a pelto that require approximately four weeks of medical treatment.

[Fact of the cause of the medical care and custody] The defendant needs to receive medical treatment at the facilities for the medical care and custody of the above mental fission, and there is a high risk of recidivism as a person who is likely to lead military register accidents and conduct wrong behavior in the absence of awareness of the mental fission.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Police seizure records and list of seizure;

1. On-site photographs, such as body photographs, deadly weapons, etc. of the victim, and a medical certificate of injury;

1. Notification of the results of mental appraisal and a mental appraisal report;

1. Necessity of treatment as indicated in the judgment and risk of recidivism: The following circumstances which may be acknowledged by the aforementioned evidence; ① the Defendant is punished by imprisonment with prison labor for murdering at the Daejeon District Court on September 27, 2006, and three years.

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