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(영문) 청주지방법원충주지원 2020.10.23 2020고단276
재물손괴등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. No person who violates the Welfare of the Aged Act shall commit any act of assaulting or injuring the body of the aged;

Nevertheless, on March 25, 2020, the Defendant, at the same time in a place of residence located in the voice group B of the Chungcheongnambuk-do, her mother, D (M, 84 years old) was friendly to her mother, in order to see this, she was her mother, by blocking the Defendant from her hand, and her friened the victim with the victim’s her hand, and assaulted the victim.

2. The Defendant causing property damage, at a time, at the same time and place as the above Paragraph (1) above, was laid down on the floor and damaged an aesthetic wind gate, which was owned by the victim, at the market price, which was caused by the wall wall of the living room. The Defendant damaged the storm 20,000 won at the market price, which was owned by the victim, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 55-3 (1) 2 of the Welfare of Older Persons Act, subparagraph 1 of Article 39-9 (a) of the Welfare of Older Persons Act, Article 366 of the Criminal Act, and the choice of imprisonment for a specific crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The criminal records and home protection cases of a criminal defendant for the reason of sentencing under Article 62-2 of the Criminal Act, Article 44-2 (1) and (2) of the Medical Treatment and Custody, etc. Act shall be punished by imprisonment with prison labor on the grounds that the criminal records and home protection cases are high;

However, the execution of punishment is suspended, and probation and medical treatment orders are imposed to prevent recidivism and to supervise recidivism in consideration of the conflict with friendship, alcohol ozone or mental disorder, the attitude that the defendant appears to commit such crime, the attitude of tending treatment intent and reflectivity, and the victim does not want punishment.

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