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(영문) 전주지방법원 남원지원 2016.08.30 2016고정27
감금등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who has worked as a medical care care worker D in a social welfare foundation in South Korea-si.

1. On October 4, 2015, the Defendant: (a) committed the crime of confinement on the victim E (3) who was subject to the determination of long-term medical care rating 4 level at the living room of the above D 2 D, and was admitted to the above D 83 level; (b) forced the victim to go back to the room of “proflion temperature” rather than the room of the victim, and forced the victim to go back to the room of “proflion temperature” room; and (c) until around 09:38 of the same day, the Defendant detained the victim by keeping the victim from getting out of the room the room the body of the victim by hand whenever the victim wants to go out of the room.

2. No person who violates the Welfare of the Aged shall commit an act of assaulting the body of, or inflicting an injury on, the aged;

Nevertheless, around October 4, 2015, the Defendant: (a) around 09:23, at the 09:23 room of the “Mison temperature” room of the above D 2nd floor, caused the said victim’s shoulder part of the victim’s shouldered out of the room to be frighted and pushed down with his hand, thereby damaging the victim’s bed up to the bed floor; and (b) caused the victim’s bating part of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat of the bat, and led the elderly victim, who is the dementia, to have been frighted

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F, G, H, and I;

1. A copy of the qualification certificate for medical care assistance (A);

1. Determination as to the assertion of the defendant and his defense counsel by each internal investigation report (including attached materials, the list of evidence Nos. 4 through 13)

1. Part of the crime of confinement

A. Although the gist of the assertion itself recognizes the fact that the defendant detained the victim, the victim could not sleep in the room where another person exists, as a minimum measure to prevent the victim from obstructing the worship and assaulting other facility users who participated in the worship.

Therefore, Article 20 of the Criminal Code is applied.

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