2016Gohap1261 Special thief, special intimidation, special intrusion, interference with business

2016 high-ranking8 (Joint Medical Treatment and Custody)

A

Suspension Decree (prosecution) and Kim Jong-sung (Trial)

Attorney B (Korean National Assembly)

January 6, 2017

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Criminal facts and facts constituting grounds for medical treatment and custody

【Criminal Facts】

The defendant and the candidate for medical treatment and custody (hereinafter referred to as the "defendant") are those who lack the ability to discern things or make decisions due to the fact-finding.

1. Interference with business;

On March 26, 2016, the Defendant moved in the Etel (former name: F building) 202 managed by the victim D located in Gangnam-gu Seoul, Seoul, and set up fears by leaving the new wall, or opening the door door of the side room without any justifiable reason, thereby leaving the occupants, G, etc. prior to the expiration of the lease contract. On June 2016, the Defendant: “I wish to open the door of the management office in the police officer room in the police officer room in the U.S. and promptly leave the aircraft” to the victim H of the U.S., “I will cut back the chewing hole in the first line,” and “I will see the victim I, who is a security guard, for a number of times on July 2016, 20,” and “I might see the victim’s management office in the way of harming or impairing the victim’s duties by means of abusing the victim’s work.”

2. Special intimidation.

At around 08:00 on October 8, 2016, the Defendant threatened the victim I (74 years of age) who is the security guard of the above officetel in the second floor of the officetel as stated in the above paragraph (1) with the intention to open the door and door from the management office, and expressed the victim's attitude by carrying with him the victim the knife (19.5 cm in length, 8.5 cm in length, 8.5 cm in length) which is an object dangerous in the knife in the knife or the knife in the knife, and knife the victim, who had been living after several minutes, returned to the management office, and brought about any danger to the body of the victim by carrying out the knife and carrying with him any dangerous object, such as knife.

3. Special intrusion.

The Defendant, at the time, at the time, and at the place specified in the above paragraph (2) above, threatened the victim I to avoid the danger, carried the blades described in the above paragraph (2), which are dangerous objects, and invaded into the room by opening the door of the management office managed by the victim and entering the room.

4. Special larceny;

The Defendant, at the time and place specified in the above paragraph (2), carried the knife specified in the above Paragraph (2) and kept the keys in the management office, and took 19 keyss of each of the two units of officetels occupied by the victim.

[Fact of Grounds for Appeal for Medical Treatment and Custody]

The defendant has committed a crime identical to the criminal facts stated in the above criminal facts punishable by imprisonment without prison labor or heavier punishment in a state that he/she has a weak ability to discern things or make decisions due to an on-site illness and needs to receive medical treatment at a medical treatment and custody facility and is

Summary of Evidence

【Criminal Facts in the Market】

1. Partial statement of the defendant;

1. Statement to the Prosecutor's Office;

1. Each police statement made to I and D;

1. Each written statement, M, N, and 0 of G, H, K, and L, and a vindication of P;

1. An investigation report (or a relative investigation of family members A of a suspect), an investigation report (to hear statements from H telephone), and an investigation report (to hear statements from the person for reference);

1. Seizure records;

1. A mental appraisal report;

1. On-site photographs, photographs, special management area, lease contract, CCTV screen, notice of summary judgment, letters, special publication, and documents demanding to leave;

【The need for the medical treatment on the market and the risk of recidivism】

The following facts are acknowledged based on each of the above evidence: ① As a result of the mental diagnosis of a public medical treatment and custody center, the Defendant was sentenced to a punishment of a fine for interfering with the Defendant’s work by force by entering the facility that is similar to the crime of this case (Evidence records 294, 295 pages) by considering the following facts: (i) mental diagnosis of a public medical treatment and custody center; (ii) mental diagnosis of a mental disorder, such as mental therapy and mental therapy, in order to treat mental disorders in the future; and to adapt to society and prevent recidivism (Evidence records 294, 295 pages); and (iii) the Defendant was given a mental treatment and custody since 201 with symptoms such as the damage net, but the symptoms are aggravated due to continuous treatment (Evidence records 214 pages); and (iii) the Defendant was sentenced to a punishment of a fine by force by means of force by failing to give treatment to the residents of the facility where the Defendant appears to have been hospitalized (Evidence records 253; and (iv) the Defendant’s desire to get treatment and treatment for 25 years 1).

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

There is no exaggeration or behavior with I or H as stated in the facts of the crime in the judgment in relation to interference with business and special intimidation. As to the entry of a special room into the management office as a resident of the above officetel, there was no intention of intrusion. As to the special larceny, the Defendant was directed to the exchange office, but the Defendant had a key to confirm who could open his house in the key in the management office because there was no intention of unlawful acquisition.

2. Determination

(a) Interference with business;

The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, G, at the police station, the occupant stated that “the Defendant was unable to sleep at the next night while doing more than 4:5 p.m. at night, and it cannot work at a lower level (Evidence No. 66 pages),” the victim H, which caused the U.S. dollars, is cleaning his corridor and management office around June 2016 at the police station, and the Defendant’s “a sp. 6 p.m., he will cut off sp. sp. 6 p.m. to the top and cut off sp.m. to the top,” and “a 6 p.m., sp. 16 p.m., the Defendant’s 6 p.m.’s 6 p.m., the Defendant’s sp. and 6 p.m., the Defendant’s 6 p.m. police room’s sp. sp.

(b)Special intimidation, special intrusion, and special larceny;

1) Generally permitted building entry into a place contrary to an explicit or presumed intent of the manager is established (see, e.g., Supreme Court Decision 2004Do3212, Aug. 30, 2004). In addition, in a case where another person’s property is used without the consent of the possessor without permission, if the use of another person’s property is consumed to a considerable extent of economic value, or is disposed of in a place other than its original place or is in possession for long time after the use without the return, the intent of unlawful acquisition may be recognized by deeming that the person wishes to infringe on the ownership or principal right. However, in a case where the use of another person’s property is used without the consent of the possessor, it is insignificant to the extent that the consumption of value due to the use is neglected, and it is returned immediately after the use, it cannot be said that the person intended to infringe on the ownership or principal right, and thus, it is not possible to recognize the intention of unlawful acquisition (see, e.g., Supreme Court Decision 92Do1118,

2) The following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, I confirmed that there is anything wrong with the second floor management office, and opened the door to the police, and the defendant's door to Ga and the door to Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha am. I tried to open a gnet in the management office office and carry things in it, and I tried to bring it out with the object in it, and I am Ga Ga Ra Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga, and it was found that the defendant made a false statement on the victim's house 1 and 9 Ga 2 Ga Ga Ga Ga Ga Ga Ga Ga Ga Ga.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 314(1) of the Criminal Act (Interference with Business, Selection of Imprisonment, Selection of Imprisonment), Articles 284 and 283(1) of the Criminal Act (Special Intimidations, Selection of Imprisonment), Articles 320 and 319(1) of the Criminal Act (Special Intrusions), Article 331(2) and (1) of the Criminal Act (Special Larcenys)

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in special larceny with the largest punishment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Article 2(1)1 of the Medical Treatment and Custody Act, Article 10(2) of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from July to June;

2. Scope of recommendations according to the sentencing criteria;

(a) Basic crimes: Special larceny;

[Determination of Punishment] Types 4 (Intrusion thief) for General Property.

[Special Sentencing] A person with mental or physical disability, or where he/she carries a deadly weapon (a serious factor)

[Recommendation and Scope of Recommendations] Basic Field, one year to two years.

(b) Concurrent crimes: Special intimidation;

[Determination of Punishment] Intimidation Crime> Types 4 (Special Intimidation)

【Special Maternist】 Mental Health and Medical Treatment (Discretionary Elements)

[Recommendation and Scope of Recommendations] Reduction Area, six months to one year and six months;

(c) Group 2 crime: Interference with business.

[Determination of Punishment] Interference with Duties

[Special Sentencing] When a person has committed a crime repeatedly over a considerable period of time (a serious factor) with mental or physical disability (aggravated mitigation factor)

[Recommendation and Scope of Recommendations] Basic Area, June-1 June

(d) Results of applying standards for handling multiple crimes: Imprisonment with prison labor for one year to three years.

3. Determination of sentence: One year of imprisonment;

The crime is not good for the defendant to commit the theft of the keyss of each head office of officetels by taking a bath to the employees of the office of his/her residence, opening the door of the next head office, etc., obstructing the victim's business of leasing, extinguishing, and managing officetels, threatening the victim I who is a security guard with a deadly weapon, and unauthorized intrusion into the office of office of office of office of office of office of office of office of office of office of office of the victim without permission.

However, in light of the health status, family relations, environment, etc., the Defendant needs to undergo continuous medical treatment at a medical treatment and custody facility in the future through the observation of the use and progress of drugs; the Defendant was in a state of lacking the ability or decision-making ability to discern things due to the current illness, etc. at the time of each of the instant crimes; the key, which is the damaged goods, was immediately seized and returned to the victim; and the Defendant has no criminal record other than a fine, which is favorable to the Defendant. Other punishment as ordered is determined by taking account of the various sentencing factors shown in the instant arguments, such as the Defendant’s age, character and behavior, motive, means and consequence of the crime; and the circumstances before and after the crime.

The presiding judge shall be changed.

Judges Kim Gin-han

Judges Park Jong-ok