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(영문) 전주지방법원 군산지원 2017.03.03 2016고단1126
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 5, 2016, when the Defendant was unable to discern things or make decisions due to a mental division, etc. around 23:18, 2016, under the influence of the Defendant’s ability to discern things or make decisions, the Defendant Hasan-si’s house located on the second floor of D apartment in Ysan-si, Hasan-si, on the ground that he was waiting for a call taxi, and she was 21cm (21cm in length on the day) and she was sent to the site after receiving a report of 112 that she was shot, and she tried to make sure that she was a dangerous object to move to the between the string line of the patrol box, and that she continued to get the patrol 3:4 times after the patrol ring, and that she was trying to make a threat to the Defendant’s Hasan-si, as the Hasan-si Police Station attached to the said Hasan-si, to which she arrived at the site.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to F and H:

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (a black stuffed video of the G police box, a reporter’s telephone statement by 112);

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. In light of all the circumstances indicated in the records of this case, including the fact that the Defendant received medical treatment for the above mental illness for a long time, such as receiving hospitalized treatment due to early illness, etc., and no special motive for committing each of the instant crimes, the Defendant had the ability to discern things or make decisions due to early illness at the time of committing each of the instant crimes.

The decision is judged.

Defendant

In addition, the defendant's defense counsel is due to the illness of the defendant.

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