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(영문) 수원지방법원 여주지원 2019.06.25 2019고단361
공무집행방해등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to dementia, alcohol, dementia, depression, etc. in detail known alz's disease.

1. On March 7, 2019, at around 19:34, the Defendant inflicted an injury on the victim D(23 years of age) who was smoking tobacco in front of the C in Ischeon-si B, and walked the victim’s bridge several times and walked the victim’s bridge. The Defendant, by her hand, dumped the victim’s spath, inflicted an injury on the victim’s spathum left-hand spaced salt, etc., which requires a medical treatment for approximately one week as he spawed.

2. The Defendant received a request from police officers F belonging to the E District District Unit of the Leecheon-gu Police Station E-gu that the above incident occurred and received a report, to present identification cards to verify personal information, and thereby interfered with legitimate performance of duties of police officers concerning the handling of 112 reports by assault or intimidation by assaulting or threatening the sexual organ of the above police officer by hand, and by hand when the vessel of the above police officer was carried out by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to D and F;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 10 (2) and (1) of the Criminal Act and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) dementia, alcohol dementia, depression, etc., in which the defendant is known in detail; and (b) the occurrence of disorder in recognition function due to such disease, it appears that the victim committed the instant crime while engaging in an emergency behavior in a state of mental disorder; (c) the victim D does not want the defendant's punishment; (d) the defendant's age, character, conduct, environment, etc. are all sorts of Article 51 of the Criminal Act.

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