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(영문) 인천지방법원 2017.11.22 2017고단5667
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant committed the following crimes under the status that the defendant has a weak ability to discern things or make decisions due to editing illness, etc.:

On April 30, 2017, the Defendant: (a) around 21:09, at the Defendant’s residence located in Seoul building A, Nam-gu, Incheon Metropolitan City; (b) around 1304.

The phrase “I killed a person.............” means a defect in which E, who was dispatched to the site after receiving a report 112, tried to enter a notice of adjudication at the police session on the ground of a false report by the police officer affiliated with the D District of the Incheon Southern Police Station D District for the purpose of entering the notice of adjudication at the police session.

“Along with the words of “here,” a knife (30cm in total length, 18cm in length) that is a dangerous thing in the kitchen, and tried to cover the face of the above E.

Accordingly, the defendant carried dangerous articles and interfered with legitimate execution of duties of police officers on the prevention of crimes and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 144(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; the choice of imprisonment for a crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act and the need for issuing medical treatment orders;

1. The crime of this case is committed by carrying a knife, which is a dangerous thing and obstructing the legitimate execution of duties by police officers, and the nature of the crime is not somewhat weak.

However, the Defendant recognized his criminal act, and committed the instant crime in a state of mental and physical weakness due to mental illness, such as editing and early illness.

Police E submitted a written application to the effect that the defendant does not want the punishment of the defendant.

The defendant is an elementary offender who has no record of criminal punishment.

2...

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