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(영문) 수원지방법원 2015.09.18 2015노1224
폭력행위등처벌에관한법률위반(공동감금)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant believed the horses of H families and had mental illness to the extent that H had to be hospitalized in a mental hospital, and was aware that there was no intention to detain H in collusion with E, etc.

B. The sentence of imprisonment (three years of imprisonment) imposed by the lower court is too unreasonable.

2. Determination

A. The Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court rejected the Defendant’s aforementioned assertion on the grounds stated in the part on the summary of evidence, and sufficiently recognized that each of the instant confinements was publicly offered and jointly processed.

In light of the evidence records, a thorough examination of the judgment of the court below is conducted, and in addition, considering the following circumstances, the judgment of the court below is just and acceptable, and there is no violation of law of mistake of facts as alleged by the defendant.

(1) The defendant asserts that the victim had mental illness from E, and that the victim is considered to have a mental illness that can be forced to be hospitalized in the mental hospital, and that it is nothing more than aiding and abetting E.

However, there may be cases where a person with alcohol addiction or stimulious symptoms is forced to be hospitalized into a mental hospital with mental illness. However, even in such cases, there is a need for accurate diagnosis or clear basis by a psychiatrist and a doctor, the victim does not have been suffering from alcohol addiction or stimulative treatment. In the course of the crime of this case, there is no discovery of mental illness that can be forced to be hospitalized into a mental hospital to the victim as a result of the diagnosis of the victim at each mental hospital in each of the crime of this case, and the defendant and E forced hospitalization against the victim's will without any diagnosis or ground.

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