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(영문) 전주지방법원 2017.05.26 2017고단506
공무집행방해
Text

The sentence of sentence against the defendant shall be suspended.

The defendant shall be subject to the protection observation for a period of one year and the protection observation period.

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to a decentralization.

On February 16, 2017, around 13:36, the Defendant reported to 112 on the ground that he interfered with his business by putting himself on the table table in front of the “D” coffee shop, which is located in Kim Jong-si, Kim Jong-si, without any justifiable reason, and the slope F, etc. belonging to the Kim Jong-gu Police Station was dispatched.

As above, the Defendant: (a) was able to check the circumstances leading up to the Defendant’s disturbance; (b) the Defendant was able to display the F’s face once a week by drinking, and (c) continued to have the F’s left side kne kne kne, and (d) took the F’s right hand by hand.

In this way, the defendant interfered with legitimate duties concerning the maintenance of order in slopeF.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each report on internal investigation:

1. Each investigation report (to be accompanied by the case of hospitalization of a suspect mental hospital, telephone conversations with a suspect's doctor, and explanation of division of a mental disease);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (Article 59(1) of the same Act (Article 59(1) of the Criminal Act provides various sentencing conditions under Article 51 of the Criminal Act, including the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstance after the crime, etc.) that the defendant is deemed to have committed a crime under the mental and physical weakness due to the mental disorder of heavy evidence; that the defendant has no record of criminal punishment for the same crime; that the defendant has no record of criminal punishment for the same crime; and that there is no record

1. Orders for medical treatment and

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