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(영문) 서울북부지방법원 2017.09.29 2017고단2435
특수감금
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

In light of the above legal principles, the Defendant was unable to get off the above elevator, which is a kind of ordinary mental illness, and the Defendant was suffering from symptoms, such as refund, loss, actual depreciation, and shock. On March 19, 2017, around 15:30, the Defendant was living in Seoul Special Metropolitan City, Nowon-gu apartment 9** the Defendant’s living outside of the said apartment 15th floor, while the Defendant lacks the ability to discern things or make decisions due to the remaining after the remaining after the remaining in the above apartment 15th floor, the Defendant brought about the Defendant D (n, 63 years of age) to the Defendant’s life or body of the victim, claiming that he was unable to get off the above elevator, which is a dangerous thing of the victim, and then, the Defendant could not get out of the victim’s body by taking the victim’s life or body as he did not put about any harm from the victim’s body.

Accordingly, the defendant carried dangerous things and detained the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Opinion of opinion, and reply to investigation prior to decision;

1. Application of statutes governing judgment;

1. Relevant Article 278 of the Criminal Act, Articles 276 (1) and 276 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and Article 62-2 of the Act on the Medical Care and Custody, etc., is that the crime of this case is not less complicated in light of the content of the crime of this case. On the other hand, the defendant confessions and reflects the crime of this case, and the defendant appears to have committed the crime of this case due to his mental and physical weakness caused by the remaining illness at the time, and the defendant is likely to have committed the crime of this case due to the risk of repeating a crime due to the above symptoms

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