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(영문) 부산지방법원 동부지원 2020.04.23 2020고단412
노인복지법위반등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged of this case, a public prosecution against the continuation of violence against B is instituted.

Reasons

Punishment of the crime

[Criminal Justice] On February 15, 2017, the Defendant was sentenced to six months of imprisonment due to assault, etc. in the Dong Branch of the Busan District Court on August 16, 2017, and completed the execution of the sentence in the Jinju Prison on August 16, 2017. On September 20, 2018, the same court sentenced eight months of imprisonment due to obstruction of performance of official duties, etc. and completed the execution of the sentence in the Jinju Prison on May 18, 2019.

【Criminal Facts】

The defendant is living together with the victim C (nives, 90 years of age) and the victim D's D's D' E in Nam-gu, Busan.

No person shall commit any violence against a person aged 65 years or older, or injure such person.

Nevertheless, at around 12:34 on February 23, 2020, the Defendant heard the horses that she will live from the victim in the above residence, and she was able to see the head of the victim by putting the head of the victim's knife and her hand, and she was her head on two occasions with the hand floor.

Accordingly, the suspect committed violence on the body of the elderly.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, court records, etc. and Acts and subordinate statutes;

1. Article 55-3 (1) 2 of the Welfare of Older Persons Act, subparagraph 1 of Article 39-9 of the Act on the Punishment of Older Persons and the Selection of Imprisonment for a crime;

1. The instant crime committed by the Defendant with the reason of sentencing Article 35 of the Criminal Act among repeated crimes committed by a repeated crime is highly likely to be subject to criticism as a failed crime.

In addition, even though the defendant was released from a criminal offense committed before the judgment and nine months have not passed, he/she again committed the crime of this case without being committed during the period of repeated crime, other than the crime of this case, and it seems that he/she had repeatedly committed domestic violence, such as assaulting the victim's father and wife several times immediately after release in 2019, there are many criminal records against the defendant due to violent crime, and at the time of arrest of a flagrant offender and investigation by an investigative agency.

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