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Defendant
In addition, all appeals filed by both medical care and custody applicants and the prosecutor are dismissed.
Reasons
1. Determination on the defendant's case
A. The summary of the grounds for appeal 1) The Defendant, who is both the Defendant and the person holding the custody for the treatment and custody (hereinafter “Defendant”), has lost his mental and physical mind and body due to the change of the object or decision making capacity at the time of committing the instant crime.
B) The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2) The reason for the prosecutor’s appeal (misunderstanding of facts and misapprehension of legal principles) that the Defendant, as indicated in the instant facts charged with regard to “the point of obstructing the performance of official duties by telephone,” committed an act, such as: (a) continuous phone calling at 294 times from June 27, 2015 to July 15, 2015; (b) the Defendant’s act of not cutting off the phone without any speech, etc. on a total of 294 occasions; and (c) thereby obstructing the performance of official duties by means of “Assault or intimidation”; and (d) this part is sufficiently guilty.
Nevertheless, the judgment of the court below which acquitted the Defendant of “a failure to perform official duties by telephone” is erroneous by misapprehending the facts or by misapprehending the legal principles.
B. According to the reasoning of the Defendant’s appeal on the grounds of mental or physical loss, according to the evidence duly admitted and examined by the lower court, including a mental appraisal report prepared by the competent appraiser H at the KOBA, and the evidence duly admitted and examined by the lower court. ① The Defendant was in active duty service at the Army in August 1985 and was hospitalized for about six months in the spirit of the KOBA in Busan, and about three months in the spirit of the Daegu integrated Hospital, due to his mental disorder; ② The Defendant was diagnosed as “autic personality disorder” at the KOB’s treatment and custody facility subject to the two-time medical care and custody in the previous court, and was diagnosed as “autic personality disorder” at the KOB’s treatment and custody facility (from December 14, 1992 to September 18, 200 to January 29, 204).