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(영문) 의정부지방법원 고양지원 2014.04.30 2013고정1837

체포미수

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is currently in a divorce lawsuit as the wife of the victim G(52 years of age, South). Defendant B and H are private first responders to emergency rescue and emergency patients.

1. A person who has attempted arrest of Defendant A shall not be hospitalized in a forced mental hospital, etc. against the will of the mentally ill person, unless he/she applies for or recommends hospitalization, etc. by a mental health specialist under the Mental Health Act, or determines by the head of a City/Do, etc.;

Nevertheless, around 16:00 on November 16, 201, the defendant: (a) requested a mental hospital to transfer the victim to a mental hospital because it is the same as that of a person addicted to alcohol; (b) the defendant B and H instigated the victim's arrest to force the victim; (c) the defendant B and H suspended the crime as described in paragraph (2) and attempted to commit the crime.

2. Defendant B’s attempted arrest, along with H on November 18, 201, at the Defendant A’s house located in Goyang-gu, Goyang-gu, Gyeonggi-do around 16:05, Defendant B tried to leave the victim’s house to the mental hospital in order to care for the mental hospital, and arrest the victim by putting his hand over the floor and putting him together with the pressure model prepared in advance. However, the victim was in a normal condition that is not a mentally ill person and was able to arrest him.

Summary of Evidence

1. Defendant B’s legal statement (the second court date);

1. Each legal statement of witness G and B;

1. The police suspect interrogation protocol of H;

1. 112 Application of Acts and subordinate statutes governing the details of report;

1. Relevant Articles 276(1), 280, and 30 of the Criminal Act; Defendant A who choose a fine: Articles 276(1), 280, and 31(1) of the Criminal Act; Articles 276(1), 280, and 31(1) of the Criminal Act; the choice of a fine;

1. Defendant B who attempted to suspend and reduce: the Criminal Act.