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(영문) 서울북부지방법원 2020.07.23 2020고단1982
장애인복지법위반등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the friendly children of the victim B (ma, 82 years of age) and the victim C (ma, 79 years of age) and the victim B is the victim B with the visual disability and the victim B is the disabled who is unable to move because of cerebral flasing, and the victims are older than 65 years of age.

1. Violation of the Welfare of Disabled Persons Act and the Welfare of Older Persons Act;

A. On May 9, 2020, at around 16:15, the Defendant saw the victim’s her sonel on the ground that the victim B does not conceal alcohol in the Defendant’s residence located on the first floor D underground in Jung-gu Seoul Central District, and that the victim B was not concealed.

Accordingly, the defendant committed violence to the body of the victim who is the disabled.

B. At around 10:30 on May 14, 2020, the Defendant got 3-4 times from both of the victims on the ground that the victim B said that he would drink alcohol.

Accordingly, the defendant committed violence to the body of the victim who is the disabled.

2. On May 9, 2020, at around 16:15, the Defendant violated the Welfare of Older Persons Act, on the ground that the victim C does not conceal alcohol at the above Defendant’s residence, and that he did not conceal it.

Accordingly, the defendant committed violence to the body of the victim who is the elderly.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. B’s statement (No. 13 No. 13 of the evidence list), victim’s photograph;

1. Investigation report (victim B written statements and statement of 112 reporter E);

1. List of 112 reported cases handled, respectively;

1. Photographs of victims;

1. Application of Acts and subordinate statutes on certificates of disability;

1. Article 86 (3) 3 of the Act on Welfare of Persons with Disabilities, subparagraph 2 of Article 59-9 of the Act on Welfare of Persons with Disabilities, Article 55-3 (1) 2 of the Welfare of Older Persons Act, and subparagraph 1 of Article 39-9 of the Act on Welfare of Persons with Disabilities for each crime;

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

1. Selection of imprisonment with prison labor chosen;

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 in the proviso of Article 39-17(1) of the Welfare of Older Persons Act is that the Defendant is unable to move to the aged.

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