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(영문) 서울남부지방법원 2014.12.18 2014고단3356
노인복지법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who works as a caregiver in C.

No person shall commit any act of violence against the aged, or of inflicting an injury on him.

Nevertheless, at around 01:10 on May 14, 2014, the Defendant: (a) was placed in the second floor of the building in Yangcheon-gu Seoul Metropolitan Government, the Defendant: (b) laid down the body of the victim, who is the elderly at the care center for dementia, on the ground that the victim E (here, 75 years of age), who is the elderly living at the care center, went back without a locking so that it can be delayed night; (c) forcedly removed the victim from the bed; and (d) took off the part, such as the victim’s face and face, which he sits down on the floor one time in his hand; (d) laid down the victim’s arms and stick back back, cut the body; (d) laid off the body; and (e) laid it into the above part; and (e) closed the victim’s body with approximately eight weeks of treatment, and (e) closed the body of 11 and T 12 parts.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. On-site investigations and forwarding of reports on elder abuse at long-term care facilities;

1. Each general medical certificate;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Articles 55-2 and 39-9 subparagraph 1 of the Welfare of the Aged Act for criminal facts;

1. Determination of the defendant and defense counsel's assertion of alternative imprisonment with labor

1. The Defendant and his defense counsel asserted that the victim had been suffering from dementia patients, asked the staff members of the normal medical care center or the family members of the same household, and asked them for serious humiliations, so it was difficult to exercise violence, and conversation was not possible.

On May 14, 2014, the victim, at the time of the instant case, 1:00 p.m., the new wall 1:1:00 p.m., and was hospitalized in the same room, the victim was able to cause sound to G, and was sleeped.

In order to stabilize the victim and return to his own invasion, the defendant was faced with the victim, etc. who was in traces of the G's invasion, and the victim was living with the victim, and the spirit of the victim is differentiated.

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