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(영문) 서울서부지방법원 2020.10.14 2020고합132
퇴거불응등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to symptoms of mental disorder, such as unknown stimulative disorder, etc.

1. The Defendant, on April 15, 2020, demanded that the victim D (Nam, 21 years of age) who was located in his residence in Mapo-gu Seoul Metropolitan Government B apartment C return the smelling cost, and received a demand from the victim to return the smelling cost.

However, the defendant does not respond to it and does not leave the victim's place on the floor of the victim's residence for about one hour until he/she is arrested as a flagrant offender by a police officer dispatched by the victim's report at around 14:15 on the same day, without justifiable reasons, until he/she is arrested as a flagrant offender.

The Gu did not comply with the Gu.

2. The Defendant of the obstruction of performance of official duties: (a) the police officer of the Seoul Mapo Police Station E-gu Seoul Mapo Police Station, who was called out after receiving D’s 112 report at the time and place, attempted F to leave the police officer’s home from D’s residence; (b) the police officer “I khhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The point of mental or physical disability as indicated in each police statement against F and D: The application of Acts and subordinate statutes to investigation reports (report attached to a suspect's diagnosis);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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