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(영문) 대구지방법원 2017.12.15 2016고단6513 (1)

상해등

Text

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

Of the facts charged in this case, the injury and violation of the Mental Health Act shall be acquitted.

Reasons

Punishment of the crime

As a rehabilitation teacher of D living, the Defendant served in the “E”, a sanatorium for mentally disabled persons, from December 1, 2010 to December 31, 2013.

1. On September 11, 2013, the Defendant, who violated the Health and Welfare Act, committed harsh acts against the victim on the ground that the victim F (n, 46 years old), who was a mentally ill person living at the 1st floor of the above “E,” which is a mental health facility, did not drink in accordance with the direction of the Defendant, and among other living persons, she was in a manner that, in order to attract the victim into the body of the victim in the future, she continued to drive the arms by binding the victim in the front part of her body so as not to drive the arms.

2. The Defendant’s assault from July 2015

9. At G’s bath, which is a public bath facility in the above D on a date, the victim’s face was assaulted on the hand floor on the ground that the victim was able to take a 1st degree disabled person with intellectual disability (n, 43 years old), and that the victim was able to take a sound.

Summary of Evidence

1. Each legal statement of a witness I, J and K;

1. Application of Acts and subordinate statutes to I of the second written statement made by the prosecution (on September 11, 2013 attached hereto)

1. The Defendant’s crime of this case, based on the pertinent legal provision on the crime, Articles 55 subparag. 6-2 and 43(2) of the Mental Health Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, based on the sentencing of imprisonment, is limited to the disabled persons who are unable to express their intent, and there is a high possibility of further criticism in that the Defendant is a life guidance instructor for the pertinent disabled persons, and the Defendant needs to strictly punish the instant crime in light of the following: (a) the Defendant’s extreme denial of the intention against the instant crime, and there

It is a favorable circumstance that the defendant has no criminal records of the same kind of punishment and fine.

In full view of the defendant's motive and background of the crime in this case, relationship with the victim, and the defendant's attitude in the court, etc., the sentencing conditions under Article 51 of the Criminal Act shall be imposed as ordered.