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(영문) 대구지방법원 경주지원 2019.02.21 2018고정186

노인복지법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, as the child of the victim B (the age of 86), was residing together with the victim in racing C.

No person shall commit any violence against, or injure, a person aged 65 or older.

Nevertheless, at around 08:00 on August 2, 2018, the Defendant: (a) reported the appearance of the victim suffering from dementia symptoms to the mother of the defendant; (b) followed the victim’s drinking to the mother of the defendant; and (c) brought the victim with the head of the victim one time by drinking.

Accordingly, the defendant committed violence to the body of the victim who is aged 65 years or older.

Summary of Evidence

1. Protocol concerning the suspect examination of the accused;

1. Statement of each police statement related to B and D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 55-3 (1) 2 of the Welfare of Older Persons Act, subparagraph 1 of Article 39-9 of the same Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;