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(영문) 전주지방법원 2020.11.13 2019고단2072
노인복지법위반
Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

The Defendants were working as a caregiver at the D Senior Citizens' Medical Center located in the Jinan Army Group C of North Korea.

On October 14, 2018, at around 09:36, the Defendants sent back the corridor from the front corridor of the “E Office” of the Medical Care Center, and the victim F (84 years of age) hospitalized due to dementia, the Defendants forced the victim to take the back part of the victim’s body and the arms, and forced the victim to take part in the “E office” inside the said “E office,” and Defendant A took part in the launch of the victim, and Defendant B took part in the victim’s outbreak.

Defendant B continued to take a attitude that attempts to see the victim's knife knife knife knife.

Accordingly, the Defendants jointly committed violence on the body of the elderly.

Summary of Evidence

1. Defendants’ respective legal statements G of the witness G

1. Application of CCTV video-related Acts and subordinate statutes to H of the police statement protocol;

1. Article 55-3 (1) 2 of the Welfare of Older Persons Act, subparagraph 1 of Article 39-9 of the same Act, and Article 30 of the Criminal Act for criminal facts.

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

1. The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act, which committed assault against the elderly with weak resistance ability, as a caregiver, should be seriously criticized.

However, there are extenuating circumstances, such as: (a) the degree of assault is not severe; (b) the Defendants were working as caregivers for not less than 10 years; (c) the Defendants did not have any problem by the act of assaulting or abusing the aged under protection at the care center as in the instant case; (d) the agreement with the guardian of the victim was reached; (e) the first offender was recognized and the crime was committed; and (e) the Defendants’ age, environment, details of the crime, and circumstances after the crime were committed, etc.; and (e) the sentence is determined as ordered by taking into account all such factors as the above.

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