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(영문) 의정부지방법원 고양지원 2018.08.17 2018고단1241
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of two years for six months of imprisonment with prison labor due to interference with business in the establishment of the Jung-gu District Court on January 18, 2018, and the judgment became final and conclusive on January 26, 2018, and is currently under the suspended sentence.

Around April 14, 2018, when the Defendant was found to lack the ability to discern things or make decisions due to the on-site illness, the Defendant committed assault, such as: (a) the Defendant, upon receiving a report from the head of the police box affiliated with the police box belonging to the Gyeonggi-gu Police Station C, who called out after being reported that he was a person who was using a deadly weapon while avoiding disturbance in the upper floor of B building No. 112 on April 14, 2018; (b) the Defendant was able to obtain a recommendation to return home from D with the left hand. (c) On-site hand, the chest part of the said D was taken once.

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the prevention of crimes by police officers.

Summary of Evidence

1. Statement made by the police against D;

1. Each statement of E and F;

1. Report on internal investigation (the suspect's mental hospital and opinion of intention), report on internal investigation (the confirmation of the suspect's condition after visiting the G hospital), and report on investigation (the confirmation of the suspect's condition);

1. Video CDs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act (the mental and physical weak due to early illness) to mitigate mental and physical weakness;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order has been punished several times for the same crime, and that the period of probation was in the period of probation at the time of the instant crime, the Defendant’s liability for the crime is not easy.

On the other hand, the degree of interference with assault and performance of official duties, which appeared in the crime of this case, is relatively minor.

The defendant is receiving medical treatment from early illness, and such early illness seems to have served as a cause for the defendant to commit the crime of this case.

The above status of the defendant is the same.

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