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(영문) 의정부지방법원 고양지원 2019.11.21 2019고단2524
노인복지법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant, as the children of the victim B, has been living together with the victim, the mother, and the female living in the Ilyang-gu Seoul Metropolitan City C Apartment D.

1. On August 21, 2010, the Defendant was able to drink until the victim (the father) who is his father of the above residence reaches the age of 61 on August 21, 2010, and was able to drink himself and her body of the victim who was feled by drinking, and she was feld by her body with her body that she was feld by the victim’s body.

As a result, the defendant suffered injury such as a 8thm cage cage cage at the left-hand side of the victim who is a lineal ascendant for about six weeks.

2. On August 8, 2019, the Defendant violated the Welfare of Older Persons Act and sustained injury on the part of the Defendant, on the ground that the victim (the father, 70 years of age) who is his father drinks drinking alcohol and frighting at the house in the above residence, carried on five occasions the face of the victim by drinking flag, and carried on five times the part of the victim’s left part of drinking flag, which requires approximately two weeks of treatment on the part of drinking flag.

As a result, the defendant committed an act of inflicting bodily injury on the elderly, and at the same time inflicted an injury on the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement concerning B;

1. Each written diagnosis;

1. Application of statutes on photographs of damage;

1. Article 257 (2) and (1) of the Criminal Act, Article 55-2 of the Welfare of Older Persons Act, and subparagraph 1 of Article 39-9 of the same Act concerning facts constituting an offense (a point of injury to older persons);

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant, who is his father and the aged, inflicted an injury on the victim, and that the degree of injury is not somewhat weak.

However, the fact that the defendant recognizes the crime and reflects it, and is punished once by a fine.

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