A defendant shall be punished by imprisonment for six months.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Criminal facts

【Criminal Treatment and Custody Claim】 The defendant and the requester for medical treatment and custody (hereinafter referred to as “defendant”) were sentenced to the suspension of execution on June 16, 2015 by the Seoul Northern District Court for the purpose of obstruction of performance of official duties, which became final and conclusive on June 24, 2015, and are currently under the suspension of execution.

피고인은 자극 과민성, 흥분된 행동 및 공격적 행동, 피해사고, 비현실적인 사고, 판단력의 저하, 병식의 저하 증상을 가진 양극성 정동장애가 있는 사람으로서 이와 같은 증세로 인해 의사결정능력이 저하된 심신미약의 상태에서, 2016. 3. 11. 22:15경 서울 노원구 C 앞 노상에서 주차 문제로 시비를 하던 중 피고인의 신고를 받고 출동한 서울노원경찰서 D지구대 경사 E으로부터 신고내용에 대하여 문의를 받자, 위 E에게 입김을 불면서 “어떻게 할 건데, 이 짭새 새끼야”라고 욕설을 하였다.

As the above E is prevented, the defendant assaulted the face of the above E with the floor of the hand, thereby hindering the legitimate performance of public duties concerning the maintenance of public peace and order of the above police officers.

【Fact that constitutes a cause for a request for medical treatment and custody】 The Defendant is a person who has a stimulative disorder with extreme overcoming conduct, aggressive conduct and aggressive conduct, damage accident, unrealistic accident, judgment, decline in the ability of judgment, or symptoms of illness, and whose ability to make a decision due to these symptoms has been deteriorated, and was punished by imprisonment without prison labor or heavier punishment, and needs to be treated at a medical treatment and custody facility, and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Each entry in the F and G documents;

1. The descriptions of a mental appraisal statement;

1. Images of the victim’s photograph;

1. The need for treatment as indicated in the judgment and the risk of recidivism: The following are revealed based on each of the above evidence.