2018Gohap723 Special Obstruction of Performance of Official Duties, Damage to Public Goods

2018 high-ranking 2 (Consolidated Medical Treatment and Custody)

Claimant

A

Isnman Defects (prosecutions), Isn-ju, red statics (public trial)

Attorney B (Korean National Assembly)

October 5, 2018

A defendant shall be punished by imprisonment for one year.

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

Criminal facts and facts constituting grounds for medical treatment and custody

【Criminal Power】

On December 15, 2017, the Defendant was sentenced to four months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and completed the execution of the sentence at the Seoul Eastern Detention Center on February 22, 2018.

【Criminal Facts】

On March 10, 2018, when the defendant lacks the ability to discern things or lacks the ability to make decisions due to the on-site illness, the defendant was reported on March 10, 2018 to 112 in front of Docks in Jongno-gu Seoul, Jongno-gu, Seoul, and the defendant arrived at the above place by driving the jum 62 (H) 62 (H), which is a computer complex (product name: HPhotosart C7280 Am-in-one, street 46 cm X 36 cm above, X 20 cm above 6.64 km), and the defendant was able to walk the entrance and exit of the above police officer's vehicle patrol and walk the entrance and exit of the above police officer's ice 62 (H). At the same time, the defendant was able to walk the entrance and exit of the above police officer's vehicle patrol with the assault of the police officer.

Accordingly, the Defendant damaged the patrol car, which is an object used by public offices, thereby impairing its utility, and carried dangerous objects, and obstructed the police officers’ legitimate execution of their duties concerning the prevention of crimes and the handling of 112 reported cases.

【Facts of Medical Treatment and Custody】

As above, the Defendant committed a crime under the lack of the ability to discern things or make decisions, and committed a crime with mental or physical disorder, and was punished by imprisonment without prison labor or heavier punishment, and the risk of recidivism in the medical treatment and custody facility needs to be treated for a considerable period of time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A detailed statement on handling 112 reported cases;

1. 62 photographs (No. 1, 8) of each damaged patrol vehicle, and photographs of dangerous articles;

1. Investigation report (to hear statements from police officers F or patrolmen);

1. Previous records of judgment: Criminal records, etc. and inquiry reports and investigation reports;

1. The need for the treatment of the case and the risk of recidivism: In full view of the following circumstances acknowledged by the Defendant’s prosecutor’s examination records, written judgments, and results of mental appraisal [the above evidence and the fact inquiry records of the head of the Seoul detention center, which were bound on September 12, 2018, and the Defendant’s legal statement, the following circumstances, namely, ① the Defendant appears to have symptoms, such as distortion of his perception, exchange, damage network, over-the-counter and undermining the real judgment power; ② the circumstance leading up to the instant crime and current family members, and ③ the fact that it would be difficult to expect proper treatment or management by his/her guardian, such as his/her family members, and ③ the Defendant again reaches the instant crime at the time when the Defendant was released, the Defendant needs to receive medical treatment and custody at the medical treatment and custody facility, and the risk of re-offending is recognized].

1. Article applicable to criminal facts;

Articles 144(1) and 136(1) of the Criminal Act (the point of special obstruction of performance of official duties) and Article 141(1) of the Criminal Act (the point of damage to public goods)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (Punishments prescribed for the crimes of special obstruction of performance of official duties with heavy punishment among each crimes on board)

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Statutory mitigation;

Article 10(2) and Article 55(1)3 of the Criminal Act (mental and physical disability) of the defendant asserts that the defendant was in the state of mental disorder without the ability to discern things and make decisions due to mental disorder at the time of committing the crime in this case. Therefore, considering the circumstances acknowledged by the aforementioned evidence, i.e., circumstances acknowledged by the above evidence, i., ① the defendant is in the state of deterioration of things and decision-making ability under the state of symptoms, such as distortion, exchange, damage network, deterioration of real judgment ability, etc., but his consciousness is clear and well preserved (the trial record 53 pages). ② Work memory and treatment speed in the function of the defendant's recognition is insufficient at the boundary level, but the general capacity (GAI), excluding the speed of treatment and memory, is maintained at average and below level, and thus, it is difficult to view that the defendant was in the state of mental disorder at the time of having no capacity to communicate with his own counsel after the expiration of his own mental detention house or defense counsel's expression of opinion and decision-making.

1. Medical treatment and custody;

Article 2(1)1 of the Medical Treatment and Custody, etc. Act, grounds for sentencing; 1. Scope of applicable sentences by law: Imprisonment with prison labor for not more than seven years and six months;

2. The sentencing criteria do not apply because they do not provide a separate processing method for the relationship of commercial concurrent crimes, but take into account setting the sentence.

3. Determination of sentence: Imprisonment with labor for a year; the crime of this case committed by a police officer who was called up after receiving a report that the defendant was taking an object on the road and the police vehicle on which he was boarding, thereby hindering the exercise of legitimate public authority, and thereby damaging the police vehicle which is a public object; and the defendant committed the crime of this case since one month has not passed since he was released from prison due to the crime recorded in the record of the crime in the judgment, it is necessary to punish him corresponding to his responsibility.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant has recognized his criminal act, the fact that the defendant's early illness symptoms caused the crime of this case, and the fact that the degree of damage to the police vehicle, which is the public object of this case, is not significant, etc., the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, health, character and behavior, environment, family relationship, motive for the crime, circumstances after the crime, etc.

The presiding judge, the Kim Jong-dong

Judge Political decoration

Judge Lee Sang-hoon