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(영문) 의정부지방법원 2018.12.17 2018노1230
노인복지법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment, on the grounds that Defendant A (1) was erroneous.

A) The Defendant only assisted the victim’s movement, but did not use the unlawful force against the victim, and even if exercising the tangible force, it constitutes a justifiable act to prevent the victim from getting out of the center, and thus, the illegality is dismissed.

B) In order to restrain the behavior of the victim who is likely to cause harm to the body of another person as well as the physical handicap of the defendant, it is inevitable to fix the body of the victim to the wheelchairs and beds, so this constitutes a justifiable act, and thus, illegality is dismissed.

2) The sentence sentenced by the lower court (one year of suspended sentence for six months) is too unreasonable.

B. Defendant C1) misunderstanding of facts and misapprehension of legal principles are not only unable to properly hold his body, but it was inevitable to have fixed the body of the victim to wheelchairs and bet the body of the victim in order to restrain the conduct of the victim who is likely to harm another person’s body. Thus, this constitutes a justifiable act and thus, illegality is dismissed.

2) The sentence sentenced by the lower court (one year of suspended sentence for four months) is too unreasonable.

2. Determination of Defendant A’s misunderstanding of facts and misapprehension of legal principles (the part concerning the elderly assault)

(a) No person summary of this part of the facts charged shall commit any act of assaulting a person aged 65 or older on his/her body;

Nevertheless, on May 4, 2017, the Defendant, at around 16:27, had the victim I (the 92-year age), who intends to sit in a will in the ward No. 704 above H medical care center, face with the victim I (the 92-year age), following the victim I (the 92-year age), and forced him to sit in a will.

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