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(영문) 광주지방법원장흥지원 2020.08.13 2020고단91
특수존속상해등
Text

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

The defendant shall order the employment restriction to an institution related to older persons for three years.

Reasons

Punishment of the crime

[criminal power] On February 14, 2019, the Defendant was sentenced to one year of imprisonment for an injury resulting from continued existence in the Gwangju District Court’s support, and the judgment became final and conclusive on February 22, 2019, and completed the execution of the sentence in the Yacheon Prison on October 23, 2019.

【Criminal Facts】

1. The defendant is the victim B (math, 85 years old), who is under special continued injury and violation of the Welfare of Older Persons Act.

Around March 21, 2020, the Defendant listened to the phrase “Ipson’s drinking so?” from the victim who was frighten in his house under the influence of alcohol in Gangnam-gun C, which is one’s own residence, and made it two times in his hand, and later, the Defendant fleded into the victim with a plastic scam (39cm in length, height 3 cm in height) for the head of the victim, which is an object dangerous to the victim, on the other hand.

As a result, the defendant carried dangerous articles with his own lineal ascendant and over 65 years old victims, who are older than 65 years old, and suffered bodily injury such as two open wounds requiring medical treatment for about 10 days.

2. Around March 14:45, 2020, the Defendant violated the Welfare of Older Persons Act: (a) while under the influence of alcohol at a F cafeteria located in Gangnam-gun E with the victim, the Defendant was under the influence of alcohol with the victim, and (b) the victim was under the influence of alcohol due to the drinking value problem; (c) the Defendant was at the end of the back part of the victim as a steel product, which is a dangerous object in the said cafeteria, and continued to have the victim go beyond the floor by having the victim pushed the victim by hand.

Accordingly, the defendant committed an assault by carrying dangerous things with the victim of 65 years of age or older.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Domestic violence, report on internal investigation (Attachment of field evidence photographs), four copies of field evidence photographs, internal investigation reports (attached to 112 reported cases), family relation certificates, eight copies of damaged parts and photographs of damaged tools, and photographs of the scene of the case;

1. On-site reports (on-site photographs, etc.);

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