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(영문) 대구지방법원 2017.01.13 2016고합313
특수공무집행방해치상등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant committed the following crimes in a state that he/she lacks the ability or decision-making capacity to discern things due to mental disorder caused by a mental disorder such as a physical disorder such as a bipolartic disorder:

1. On May 20, 2016, the Defendant, at around 07:30 on May 20, 201, carried her hand with hand, a dangerous object that may be used for a crime prescribed by the Punishment of Violences, etc. Act ( approximately 22.5cm in total length and approximately 12.5cm in length in blades) in front of Daegu-gu, Daegu-gu, without justifiable grounds.

2. The Defendant interfered with the performance of special official duties, at the time and place specified in paragraph 1, and at the time and place specified in paragraph 1, the victim E (48) belonging to the police station located in Daegu Dong-dong Police Station D (hereinafter referred to as the “Seoul Dong-gu Police Station”) who was called out after receiving a report of 112, was found to have set up the above excessive excess, and caused the victim to go up to the floor, and tried to go up on the part of the victim who was going up to the floor.

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties by police officers on the suppression of crimes and maintenance of order.

[Judgment of the court below] A person who committed the above crime in a state with weak ability or intent to discern things due to mental disorder caused by a mental disorder, such as a dives disorder, etc., and who committed the above crime at the facilities for the treatment and custody, and there is a need to receive treatment at the facilities for the treatment and custody, and there is a risk of recidivism.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Each police statement made to F and G;

1. Police seizure records and list of seizure;

1. Each investigation report (related to hospitalization of a suspect H mental hospital and attaching a written diagnosis of a suspect);

1. The need for treatment in the judgment and the risk of recidivism: the submission of the above evidence and the response to the submission of the submission order; the summary of the attached documents; the summary of the summary of the attached documents; the record of the draft of the mental law; the MEDAIITRD;

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