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(영문) 서울북부지방법원 2020.01.16 2019고단2502
존속학대
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendants are children of victims B(73 years of age).

From June 18, 2015 to October 11, 2017, the Defendant: (a) from Seoul Special Metropolitan City Nowon-gu building; (b) from the Defendant’s house located in the second floor D; (c) from the dementia symptoms, the victim weared the body of the victim due to dementia symptoms; and (d) removed the victim’s body and waste by hand; and (c) removed the victim’s hand by hacks; and (d) integrated the victim’s hacks with the bicycle key.

Accordingly, the defendant abused the victim, who is a lineal ascendant under his protection or supervision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The police statement concerning F;

1. Photographs (victims' chain photographs);

1. Application of Acts and subordinate statutes to resident registration cards, certified copies of register, family relation certificates, and certified copies of resident registration;

1. Relevant Article 273 (2) and (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the victim was a severe dementia, but the degree of abuse seems to have been serious, and thus, the victim suffered considerable pain.

However, considering the circumstances leading up to the crime, such as the fact that the victim was suffering from drinking habits from young soar and the defendant seems to have been grow up without being properly examined by the victim, the fact that it was caused by the victim in the course of supporting the victim as the male head, etc., the circumstance of the crime can be considered and the fact that there is no criminal history exceeding the same kind or fine, there is no history of criminal punishment exceeding the same kind or fine, and other various sentencing conditions such as the defendant's age, character, character and environment, motive, background, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as per the order.

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