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(영문) 의정부지방법원 2019.08.14 2019고단1804
공무집행방해
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant committed the following crimes under the state that the defendant lacks the ability to discern things or make decisions due to the stimulative disorder and the manic disorder with mental disorder.

1. 피고인은 2019. 5. 5. 18:20경 양주시 B에 있는 'C'에서 아무런 이유 없이 여자화장실에 들어가 남편을 불러 달라며 문을 잠그고 고함을 지르며 밖으로 물건을 던지는 등 소란을 피우던 중 112 신고를 받고 출동한 D파출소 경사 E으로부터 인적사항에 대한 질문을 받자, E의 멱살을 잡으려 하고, 이를 피하는 E의 오른 쪽 얼굴을 주먹으로 1회 때리고, E의 오른 쪽 정강이를 발로 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

2. At around 20:05 on the same day, the Defendant: (a) was arrested as a flagrant offender for the crime of paragraph (1) and tried to take a portable radio at the Defendant’s home box posted below the protection seat while sitting in the protection seat; (b) was able to carry the radio at the police box to the criminal team of the two Jeju Police Station, which was a police officer belonging to the two Korea Police Station, assigned to the two Korea Police Station, and prevented the radio from taking place to the face of the police box F, which was the police officer belonging to the two Korea Police Station, and tried to stop this.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to escorting duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. Each statement of G, H and F;

1. Damage photographs of slope E;

1. 112 Return disposal slips;

1. Investigation report (a CCTV analysis - Type of crime committed by a suspect);

1. Investigation report (Attachment of photographs of parts of damage - Victim F);

1. A mental or physical disability: Records of this case, such as internal death reports (in the case of emergency hospitalization of a suspect), copies of written request for emergency hospitalization, internal death reports (I's statement by her husband of a suspect), investigation reports (in the case of investigation of a suspect), each doctor's opinion, written confirmation of hospitalization, copies of medical records, and written report of examination and assessment.

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