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(영문) 대전지방법원 2013.12.26 2013고합287
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") are those who lack the ability to discern things or make decisions due to the on-site illness.

【Criminal Facts】

On June 3, 2013, around 18:40, the Defendant: (a) committed assault against the Defendant, in front of his house located in Seo-gu Daejeon, Daejeon C Apartment 102 Dong 107, 102, and 107, on June 3, 2013, the Defendant reported by the mother of the Defendant to “a patient who is unable to move to a hospital due to de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto, D fire officers belonging to the Daejeon Western Fire Station, E take the first race, and the door, which are dangerous articles after a year.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of fire officers concerning the handling of 119 reports.

[Facts causing medical treatment and custody] The Defendant is a person who commits a crime corresponding to imprisonment without prison labor or heavier punishment under the lack of the ability to discern things or make decisions, and needs to receive medical treatment at a medical treatment and custody facility and is in danger of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the witness F in the court;

1. Each police statement of D and E;

1. Notification of a copy of the suspect welfare card and the results of mental appraisal;

1. Criminal tools and photographs of victims;

1. Necessity of the medical treatment as indicated in the judgment and risk of recidivism: The following circumstances acknowledged by the reply of each fact-finding to the head of this court, the head of this court’s official medical treatment and custody, and the head of G Hospital; i.e., the Defendant was hospitalized several times from April 2005 to May 2013 at G Hospital and H Hospital with symptoms, such as the damage network, refund, and decline in impulse impulse ability, and had a record of receiving medical treatment regularly out of the hospital; and ii) The Defendant was a doctor during the period of hospitalized treatment.

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