A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is a child of the victim B (Nam, 76 years of age), who is living together with the victim in the medical city C Apartment D at his/her own government.

No person shall commit any emotional abuse detrimental to the mental health of older persons by committing violence against a person aged 65 or older or by verbal abuse, etc.

그럼에도 불구하고, 피고인은 2020. 4. 1. 19:00경 위 주거지에서 피해자에게 돈을 요구하며 서로 말다툼을 하던 중 화가 나 피해자에게 ‘너는 인간도 아니다, 인간 말종이다’라고 말하고, 계속하여 피해자가 피고인을 피해 현관문으로 나가려고 하자 나가지 못하도록 피해자의 허리 부위를 1회 찼다.

또한 피고인은 같은 날 21:00경 피해자에게 다시 돈을 요구하며 서로 말다툼을 하던 중 피해자가 피고인을 피해 현관문으로 나가려고 하자 나가지 못하도록 피해자의 옆구리 부위를 1회 찼다.

Accordingly, the defendant committed assault against a person of 65 years old or over, and committed emotional abuse that may injure mental health by verbal abuse.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 55-3 (1) 2 of the Welfare of the Aged Act and subparagraphs 1 and 6 of Article 39-9 of the same Act for criminal facts;

1. Selection of each sentence of imprisonment;

1. Determination as to the defendant and his defense counsel's assertion among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

1. The defendant does not have used violence to the victim.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the fact that the Defendant assaulted twice (19:00 and 21:00) as stated in the facts constituting the crime can be sufficiently recognized.

Therefore, the defendant and the defense counsel are accepted.