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(영문) 대구지방법원 영덕지원 2021.02.03 2020고단290
장애인복지법위반등
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is Defendant A's third degree of disability, and the degree of disability of the third degree of brain disease is serious.

There was a continuous dispute between the Defendants over the ownership of the housing in the Gyeongbuk-gun C.

1. On July 20, 2019, the Defendant: (a) the victim B ( South, the age of 61) who was a defective person with disabilities seeking to navigate the said house in a house located in Chungcheongnam-gun, Chungcheongnam-do around 09:00; and (b) the victim B ( South, the age of 61) is a house in Korea.

The term "mad. mad. mad. mad. mad. mad. mad. mad. mad. mad. mad. mad. mad. mad.", the victim was injured by her hand, and the victim was flad by her head several times.

2. Defendant B inflicted an injury on the victim, who was at the time, place, and at the time, place specified in paragraph 1, and the victim A (n, 43 years old)’s left-hand part, where treatment for about about 14 days is required for the victim.

Summary of Evidence

1. The Defendants’ respective legal statements D, each protocol of interrogation of the police officers against E

1. Each police statement made to B, A, F, and G;

1. Each investigative report and certificate of the disabled;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing each photograph and USB;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 86(2)1 and subparagraph 2 of Article 59-9 of the Welfare of Persons with Disabilities Act (excluding punishment);

B. Defendant B: Article 257(1) of the Criminal Act (Optional to a punishment)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: (a) although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act were to be punished for each of the instant offenses, the Defendants were to have all recognized each of the instant offenses; (b) the Defendants, including the fact that they are the primary offenders, and the Defendants’ age, environment, sex behavior, motive, means and consequence of the offense; and (c) all of the sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, etc., shall be determined as ordered by taking account of all the sentencing factors indicated in the instant pleadings.

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