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(영문) 광주지방법원 2019.05.10 2018고단4492
노인복지법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 3, 2018, at around 07:25, the Defendant: (a) within the three-story rest room of the C Hospital located in Gwangju Mine-gu, Gwangju, the victim D (the age of 86) who is the patient was placed in the cooling house, and was in dispute as to whether the Defendant was faced with the bend which he was living on the floor of the mother of the Defendant; (b) the victim was able to carry the flobbbbing of the Defendant’s chest; (c) the victim was able to carry the flobbing of the Defendant’s chest; and (d) the victim flobing the flobing part of the Defendant’s bridge with the stick of the victim; and (d) the victim flobing with the stick of the victim, flobing the victim, walking the victim, and threatening the victim by drinking.

The chest part of the victim was pushed down once.

As a result, the Defendant inflicted an injury on the victim, such as scarcitys that need to be treated for about two weeks, and at the same time inflicts an injury on the body of the elderly.

Summary of Evidence

1. Results of viewing video CD reproduction;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. A report on investigation (CCTV verification and analysis) and a photograph of the screen images taken;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-2 of the Welfare of the Aged Act, subparagraph 1 of Article 39-9 of the same Act and Article 257 (1) of the Criminal Act for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. Even if there was a physical contact between the defendant and the victim, it constitutes self-defense or legitimate act to avoid the act of the victim's sicking himself/herself.

2. According to the results of the video CD reproduction viewing, where the scene of the instant crime was recorded, the Defendant, first of all, was able to catch the victim’s chest flaps, and the victim was sticked.

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