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(영문) 의정부지방법원 고양지원 2018.04.13 2017고단3173
노인복지법위반등
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Defendant

A Imprisonment for six months, Defendant B and C shall be punished by imprisonment for four months.

However, for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are people working for the H medical care center located in G at the time of strike as a medical care care worker.

1. No person who commits an assault against another person aged 65 years or older shall commit an act;

Nevertheless, around May 4, 2017, the Defendant assaulted the victim I (the age 92) who wanted to sit in a chair in the ward No. 704 above H medical care center on May 4, 2017, with the victim I (the age 92), who will be pushed in a bridge in the future, and forced him to sit in.

2. On May 4, 2017, at around 16:33, the Defendants jointly bound the victim to sit the victim by force on the wheelchairs, and string him/her to the wheel, and her to the string of the hallways to the safety of the hallways. At around 16:40, the Defendants: (a) fastened the wheel chairs that are fastened as safety at around 16:40 to the end of the bend; (b) fastened the victim at the bend of the bend; (c) again, at around 23:11, the victim was placed on the bend to the bend to the bend to the bend to the bend to the bend to the bend to the bend to the end of the bend to the bend to the bend to the end of the bend to the bend to the bend to the bend to the bend to the bend to the end of May 5:30, 2017.

Summary of Evidence

1. Defendant B’s legal statement

1. The respective legal statements of Defendant A and C

1. A report on investigation (cases of revision of criminal time);

1. A contract for provision of long-term care benefits and a contract for the protection of medical care;

1. Cut photographs of each CCTV data screen (No. 16 through 21 No. 5 of the evidence list);

1. Application of the statutes governing video CDs and CCTV video recording CDs;

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

(a) Defendant A: Articles 5-3 subparag. 1-2 and 39-9 of the Welfare of the Aged Act (the occupation of violence against the aged), Article 2-2-2 of the Punishment of Violences, etc. Act, Article 276-1 of the Criminal Act (the occupation of joint confinement);

(b) Defendant B and C: Article 2(2)2 of the Punishment of Violences, etc. Act and Article 276(1) of the Criminal Act (the point of joint confinement)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants on probation: each of them.

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