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(영문) 전주지방법원 2015.10.22 2015고단1132

감금

Text

A defendant shall be punished by imprisonment for six months.

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 is between the victim C (the age of 55) and the person responsible for protection in order to hospitalization of a mentally ill person in a mental hospital by the person responsible for protection. The person responsible for protection in the mentally ill person is the person responsible for support or guardian under the Civil Act, and the order of priority by the person responsible for support and guardian under Article 976 of the Civil Act is in accordance with the order of the person responsible for support and guardian under Article 976 of the Civil Act, so the victim was well aware that the child is the person responsible for support and the defendant

Around 14:00 on November 18, 201, the Defendant conspired with D, who is either the victim or the female living together of the Defendant, in order to unlawfully detain the victim by advertising that the victim had a record of receiving hospital treatment with symptoms, such as difficulty in emotional assistance, etc., of the victim’s failure to pay money, etc., the Defendant: (a) in collusion with D on November 18, 201; (b) in order for D to unlawfully detain the victim; (c) requested the employees in charge of the G Hospital located in Jung-gu, Jung-gu, Jung-gu, which is well aware of such fact to have the victim hospitalized; and (d) the Defendant and D signed the written consent of hospitalization and detained the victim for about four months until March 28, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of a written confirmation of hospitalization and a written consent for hospitalization;

1. Articles 276 (1) and 30 of the Criminal Act applicable to the crimes;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) is that the victim submitted an application to the effect that he would be punished by a severe punishment against the defendant. However, the defendant who has no power to commit a crime is divided, and 50,000 won is deposited in the victim's future, and the crime of this case is suffering from shock disorder.