A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[Reference Facts] The Defendant, who is a person of legal friendship, pending a divorce lawsuit with the victim E (47) and was registered in the name of the Defendant, has continued conflict between the Defendant and the actual business owner in relation to the used car trade (F) registered in the name of the Defendant.

[2] The Defendant, who was under the influence of alcohol, was able to commit verbal abuse and assault against the above F employees. The Defendant, on the ground that it is anticipated that the victim had received hospital treatment due to the symptoms of alcohol in the past, etc., was able to illegally detain the victim to a mental hospital.

Accordingly, on September 2, 2015, at the above F Office located in G on September 2, 2015, the Defendant: (a) asked the victim to be hospitalized in a mental hospital because the victim H is drinking much alcohol and violent nature is serious; (b) let the above H and two male men in non-name, who are aware of the fact, forced the victim to be rejected at the above office; (c) sent the above private first-aid vehicle to the hospital located in G in Gyeong-gun, Gyeong-gun, Gyeong-gun, and sent the victim to the hospital located in G, and detained the victim by hospitalized the victim to the above hospital until September 3, 2015.

Summary of Evidence

1. Statements by the defendant in part of the investigation into the first trial;

1. Some of the witness K’s legal statement;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E, L, H, or K;

1. Investigation report (to attach a copy of the suspect interrogation protocol which is interrogating with the suspect M);

1. A complaint in E (including the submission of photographs (including the filing of a complaint) by cutting off the CCTV images);

1. Application of Acts and subordinate statutes to a copy of the opinion;

1. Relevant Article 276 of the Criminal Act concerning the facts constituting an offense and Article 276 (1) of the Criminal Act concerning the selection of punishment;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The Defendant did not intend to detain the victim as being hospitalized in a mental hospital by lawful procedures for the reason of the victim’s alcohol addiction.

2. Determination.