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Reasons
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(영문) 대전지방법원 서산지원 2017.08.10 2017고정79
노인복지법위반
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[Defendant A]

1. The sentence against the accused shall be 500,000 won;

2. The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. On November 17, 2016, around 00:35, the Defendant: (a) was a victim G (V) hospitalized at the F Elderly Care Center for the Aged in Seosan-si, Sinsan-si; (b) was intending to take food that had been kept on the floor by getting out of the victim G (V, 81 years of age) who was hospitalized in the said room; and (c) was able to provide the body with the food that had been kept on the floor, while the Defendant prevented the victimized person from carrying out the operation of the food that had been kept on the floor.

“In doing so, the brush of the victim’s face to be heard, and assaulted, such as taking the victim’s hand, taking the victim’s hand and taking the victim’s hand over, etc.

2. Defendant B is a representative of the F Elderly Medical Care Center.

A, who is an employee of the defendant, committed a violation in relation to the defendant's work as described in paragraph 1.

Summary of Evidence

1. Defendants’ legal statement

1. Legal statement of the witness H;

1. A written statement of G and I;

1. On-site and damaged photographs, CCTV reproduction CDs (to watch through reproduction) and data to capture CCTV images;

1. A medical certificate [Defendant B shall not be negligent in giving due attention and supervision concerning the relevant duties;

However, since the materials submitted by Defendant B alone are insufficient to recognize the fact of assertion, Defendant B’s assertion is not accepted, but it is necessary to take into account the grounds for sentencing.

Application of Statutes

1. Article 5-3 (1) 2 and Article 39-9 (1) 1 of the Welfare of Older Persons Act; Defendant B who choose a fine: Articles 60, 55-3 (1) 2 and 39-9 (1) 1 of the Welfare of Older Persons Act;

1. Defendant B to suspend the sentence: Fine of 500,000 won;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendant B of suspended sentence: Article 59 (1) of the Criminal Act (the first offender and the second offender shall be continuously implemented);

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

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