2019Gohap167, 187, 188, 189, 190, 203 (Consolidation)

Performance of Official Duties, Fraud, Interference with Business, Damage to Property, Nighttime

Attempted theft of a structure

2019 high-ranking3 (Joint Medical Treatment and Custody)

Applicant for Medical Treatment and Custody

A 67.Folio

Madden, Kim Tae, Park Jong-tae, Park Jong-chul, public relations personnel (prosecutions) and attempted Kim (trials)

Attorney B (Korean National Assembly)

September 20, 2019

A defendant shall be punished by imprisonment for one year.

One seized knife (Ulsan District Prosecutors' Office No. 326 of 2019) shall be confiscated.

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

Criminal facts and grounds for medical treatment and custody

【Criminal Power】

On February 28, 2019, the defendant and the respondent for medical treatment and custody (hereinafter referred to as "defendants") are sentenced to imprisonment for 8 months and 2 years of suspended execution at the Ulsan District Court on February 28, 2019.

[Criminal Facts]

The defendant committed the following crimes in a state that the defendant lacks the ability to discern things or make decisions due to the unknown quantitative disorder, alcohol use dependence, etc.

“2019Gohap167, 1. Fraud

A. On March 17, 2019: (a) around 01:04, the Defendant, even though there was no intent or ability to pay the taxi fee, was committed as if he would pay the taxi fee; and (b) was boarding the Ulsan-gu taxi operated by the injured party C (year 63) and had the injured party receive pecuniary benefits equivalent to KRW 11,800 of the taxi fee by having the injured party operate the taxi to the front of the Ulsan-gu 00 00 00 00 00 00 00 00 00 .

B. On March 19, 2019: (a) around 01:05, the Defendant: (b) had no intent or ability to pay taxi charges; (c) had a victim E (59 years old) take a taxi in Ulsan F taxi operated by the victim E (59 years old); and (d) had the victim take a taxi in Ulsan F taxi and thereby had the victim obtain pecuniary benefits equivalent to 15,600 won (15,600 won) of the taxi charges by having the victim drive the taxi before the Ulsan F taxi in front of the Seosan-gu 00 00 00 00 00 00 1).

C. On April 21, 2019: (a) around 00, the Defendant entered Ulsan-gu* 00 victims G (n, 50 years old) as a customer within the main point of “△△△△△” operated by the Defendant, even though there was no intent or ability to pay the drinking value, the Defendant was engaged as if he would pay the drinking value; and (b) ordered alcoholic beverages, and the Defendant was provided with alcoholic beverages in an amount equivalent to KRW 40,000,000, including beer and beer, from the victim.

Accordingly, the defendant, by deceiving the victims, received property or acquired property benefits.

2. Performance of official duties;

On April 26, 2019: around 30, the Defendant: (a) committed an abnormal act, such as taking a move-in report to the Ulsannam-gu*** 00' community service center; (b) Had the employee in charge of welfare; (c) Had the purpose of his visit; and (d) Had the process of the move-in report; and (d) Had Had Had Had Had Had Had Had Had Had Had Had Had Had Ha, Had Had Had Ha, Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had h.

As a result, the defendant interfered with the legitimate execution of official duties concerning the civil petition processing of the public service center.

On February 4, 2019, the Defendant: (a) on February 22, 2019: around 20, Ulsan-si, Ulsan-gu, * 00-ro 00 victims I (n, 60 years of age) operated by the Defendant; (b) on the part of the Defendant, the Defendant was unable to sing out, sing out, or ing up with, singing with a singing machine installed in the domain of this area without paying money; and (c) requested the victim to stop and return home to the Defendant; (d) on the part of the victim, the Defendant was able to avoid any disturbance between 30 minutes, such as “Ig, Igth, Igth, Chewing, Chewing, and Smoking,” and “Ignish the inside of this area, and return to the singing room.”

Accordingly, the Defendant interfered with the victim's singing operation by force.

" 2019Gohap188"

On December 01, 2019, the Defendant interfered with the victim’s main business by force by avoiding the disturbance between about 50 minutes, such as 0 minutes of the common knife, and her knife, the Defendant 50 minutes of the common knife of the common knife, and her knife of the common knife at the adult hall operated by the victim J on the floor of the building located at 00 to the end of the knife.

"2019 Gohap189, 1. Damage to property"

피고인은 2019. 3. 8. 16 : 30경 울산시 중구 * * 길 00 ♤♤우체국 내에서 술에 취하여 아무런 이유 없이 주위 사람들에게 욕설을 하다가 직원인 피해자 K가 관리하는 스테인레스 휴지통 1개를 발로 수회 걷어차 찌그러뜨리는 등 손괴하였다 .

2. Interference with business;

On March 16, 2019: from 00 to 16:20 on the same day, the Defendant laid the bridges containing coffee on the floor without any reason in front of the outside hospital and the clinic located in Ulsan Jung-gu * 00, the Defendant expressed a large amount of the victim L (V, 29 years of age) who was a nurse was on board and pushed the victim L (V, 29 years of age) who was on board and pushed the victim of this patient, and expressed a bridge to the victim “the bridge flick,” who was flicking the bridge, was flick, and was flicked on the floor and flicker M (the victim M. (the 48 years of age) who was the head of the Gu.

Accordingly, the defendant interfered with the management and treatment of the victims' hospital for about 20 minutes by force.

“ 2019Gohap190

피고인은 2019. 3. 16. 06 : 00경 울산 남구 * * 로 00 ▣▣건물 @ 층에 있는 피해자 N이 관리하는 ' 目 ' 집무실에 시정되어 있지 않은 출입문을 통해 몰래 침입하여, 그곳에 있는 시가 6만 원 상당의 조끼를 뜯어 입고, 30만 원 상당의 건강식품을 가져가려고 하던 중 사람소리를 듣고 찾아 온 피해자에게 발각되는 바람에 그 뜻을 이루지 못하였다 .

Accordingly, the defendant tried to steals property by impairing a structure managed by the victim at night.

2019Gohap203)

1. Fraud against 0 victims;

On October 19, 2018, the Defendant: (a) around Ulsan-gun, Ulsan-gun; (b) around 19, * 00, 00, 00, * 00,000,000,000 won was the victim’s apartment house that he/she could reside after discharge; (c) and (d) paid money to the victim as the premium requires 5 million won; (d) however, the Defendant had no intention or ability to find the apartment that he/she would reside; and (e) had expressed his/her intent to withdraw money to the victim and use it as fine payment and living expenses. Nevertheless, the Defendant, by deceiving the victim as such, released agricultural cooperative (81**) in the name of the Defendant from the victim after immediately obtaining the passbook and password from the victim; and (e) withdrawn KRW 3 million in total from October 20, 2018.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud of taxi rates;

A. On April 4, 2019: around 01:55, the Defendant: (a) taken a taxi for the business of Ulsan Qho-gu operated by the victim P (the age of 62) in Ulsan-si (the age of 62) located in the Republic of Korea; (b) pretended to pay the taxi charges normally; and (c) demanded the victim to go to the hospital of Ulsan-gu ( the head of Ulsan-gu). However, the Defendant did not have any intent or ability to pay the taxi charges. Nevertheless, the Defendant, by deceiving the victim and let the victim operate the taxi to the destination, did not pay the taxi charges of KRW 7,600 and did not pay the taxi charges of KRW 7,60.

나. 피고인은 2019. 4. 5. 18 : 39경 울산 북구 * * 동에 있는 ▦▦시장 앞에서 피해자R ( 64세 ) 이 운행하는 울산 S호 택시에 손님으로 승차한 뒤 마치 택시요금을 정상적으로 지불할 것처럼 가장하며 피해자에게 울산 중구 * * 로 ○○지구대로 가자고 요구하였다 .

However, the Defendant did not have the intent or ability to pay the taxi fee. Nevertheless, the Defendant, by deceiving the victim and allowing the victim to operate the taxi to the destination, did not pay the 22,100 won of the taxi fee and did not pay the 22,100 won of the taxi fee.

C. On April 6, 2019: the Defendant: (a) around 08, Ulsan-gu* the Ulsan-gu* the U.S.-si operated by the victim T (the 62-year-old-old-gu-old-gu-gu-U.S.-U.S.-gu-gu-gu-gu (the 62-year-old-gu) demanded that the Defendant would normally pay the cab fees to the victim; and (b) the Defendant would have no intent or ability to pay the cab fees. However, the Defendant, by deceiving the victim and allowing the victim to operate the cab to the destination, did not pay the 8,900 won of the cab fees to the 8,900 won and did not pay the cab fees to the her destination.

D. On April 7, 2019: around 00, the Defendant: (a) boarded a bus terminal near the city bus terminal located in the city in the city in the city in the city in the city in the Busan Metropolitan City; (b) pretended to normally pay the taxi fee to the passenger; and (c) demanded the victim to go home in Ulsan-gu ** * * the Defendant did not have the intent or ability to pay the taxi fee. Nevertheless, the Defendant, by deceiving the victim, had the victim operate the taxi to the port of destination, did not pay the taxi fee of KRW 60,000 and did not pay the taxi fee of KRW 60,000.

【Facts of Grounds for Medical Treatment and Custody】

The defendant is a person who commits the above crimes punishable by imprisonment without prison labor or heavier punishment in the state that he/she lacks the ability to discern things or make decisions due to the physical disorder of detailed unknownness that lacks practical sense and judgment, dependence on alcohol use, etc., and is currently in emergency hospitalization in accordance with the current Act on the Improvement of Mental Health and the Support for Welfare Services for Mental Patients. Therefore, it is necessary to receive treatment at a medical treatment and custody facility because the risk of recidivism is high in the future.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of each Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 314(1) of each Criminal Act (the point of obstruction of official duties), Article 366 of the Criminal Act (the point of obstruction of official duties), Articles 342 and 330 of the Criminal Act (the point of attempted larceny of night-time buildings)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the punishment imposed on March 18, 2019 on the crime of interference with business committed on March 18, 201, and the punishment imposed on the crime of interference with business committed on heavy L)

1. Selection of punishment;

Imprisonment with prison labor for each of the remaining crimes except for the crime of larceny at night buildings;

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the former Criminal Act (Amended by Act No. 15982, Dec. 18, 2018); Articles 10(2) and 55(1)3 of the Criminal Act; Articles 10(2) and 55(1)3 of the Criminal Act (see, e.g., the Defendant deemed to have committed a crime in a state where he/she had the ability to discern things or make decisions at the time of each of the instant crimes due to the following: (a) a dives disorder with unknown detailed

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

1. Reasons for sentencing under the former part of Article 12(1) and Article 2(1)1 of the Medical Treatment and Custody, etc. Act;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Fraud;

[Determination of Type] General Fraud / [Type 1] below 100 million won (Special Convicted Person] Reduction element: A mentally ill person (no one is responsible for himself/herself)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to one year

B. Performance of official duties

[Determination of Type] Obstruction of Performance of Official Duties / [Class 1] Obstruction of Performance of Official Duties / Obstruction of Execution of Official Duties (Special Convicts / Special Materns : Materns of Mental Health and Welfare (no one shall be responsible)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to eight months. Interference with business

[Determination of Type] Obstruction of Business Affairs / [Type 1] Obstruction of Business Affairs / Obstruction of Business Affairs (Special Maternity : A person with mental disability (no one is responsible for him/her)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to eight months

(d) Scope of recommending punishment according to the guidelines for handling multiple crimes: Imprisonment for not less than one month (the crime of larceny at night is an attempted crime and thus, the sentencing guidelines shall not apply. The crime of larceny at night and the rest of the crime of larceny at which the sentencing guidelines are set out shall be concurrent crimes under the former part of Article 37 of the Criminal Act;

Inasmuch as the sentencing guidelines are set, only the lower limit of the recommended range of crimes for which the sentencing guidelines are set shall apply.

3. According to the instant sentence, the Defendant did not pay the fare, as if he would pay the taxi fee, and did not pay the fare, obstructed or damaged the performance of duties of the restaurant, hospital and public official, and attempted to steal the property into the building at night, and attempted to steal the property from the building at night, and acquired the property by deceiving the victim as if he would seek the house.

Even though the Defendant had been punished several times for the same criminal acts in the past, the Defendant committed each of the crimes in this case at the same time, and the nature of the crime is not less severe. There are no materials to deem that the majority of the victims are the victims and that the victims’ damages have been properly recovered. In particular, there was a risk that some of the crimes may result in more severe consequences by the crime with a knife.

However, each of the crimes of this case is deemed to have been committed under the lack of the ability to discern things or make decisions due to the fact that the defendant recognized the crime, the stimulative disorder, the dependence on alcohol use, etc., and the damage of the defendant is not relatively heavy, the damage of some victims does not want the punishment of the defendant, the fact that some victims do not want the punishment of the defendant, the crime of larceny by night-time structure is committed under the favorable circumstances, and the punishment shall be determined as ordered by taking comprehensive account of the defendant's age, character and behavior, family relation, motive, means and consequence of the crime, and the various sentencing conditions in the oral proceedings of this case, including circumstances after the crime, etc.

Judges Park Young-young

Judges Kim Dong-dong

Judges Yellowia

1) The indictment is 15,700 won, but in light of the summary judgment claim, receipt, etc., it shall be corrected ex officio as it appears to be a clerical error.