beta
(영문) 의정부지방법원 2020.02.27 2019고단3195

장애인복지법위반

Text

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

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

Reasons

Punishment of the crime

From September 201 to May 2019, the Defendant served as a living rehabilitation teacher at the “C Care Center” located in the Gangwon Hawon-gun B, and was in charge of helping the disabled who reside in the above medical care center to share meals, bathing, hospital accommodation, etc.

1. On March 6, 2019, at around 08:02, the Defendant: “A victim E (the aged 30) who is a disabled person of Grade 2 with a mental retardation disorder, who helps the disabled to take a bath in front of the head of the above C Care Center D; on the ground that he did not promptly make a bath preparation, the Defendant refers to “the victim F (the aged 29) who is off the victim’s face by her hand floor at one time, and continues to have a part of the victim’s face at one time, and the victim F (the aged 29) who is a disabled person of Grade 1 with a mental retardation disorder, referring to “the victim F (the age of 29) who is off and off the clothes of this new gate hyp and hum humb.” The victim’s face by hand at one time.

2. On April 17, 2019, at around 08:20 on April 17, 2019, the Defendant: (a) had the victim F (the age of 29) who is a disabled person of Grade 1 with a mental retardation disorder had a large voice of the Defendant; (b) had the victim’s face face one time, one time, one time, the victim’s face, back head, and shoulder part, one time, and the victim’s face is taken by hand.

Accordingly, the defendant committed an act of assaulting the body of the disabled.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A written statement prepared in I, F, and E;

1. Application of Acts and subordinate statutes, such as a written request for fact-finding, Kakakao Stockholm dialogue, photographs of damaged parts, and welfare cards for victims;

1. Article 86 (3) 3 of the Act on Welfare of Persons with Disabilities and subparagraph 2 of Article 59-9 of the same Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe penalty on or before April 17, 2019) (the aggravation of concurrent crimes with punishment stipulated in the Act on Welfare of Persons with Disabilities)

1. The sentencing under Article 62(1) of the Criminal Act is as follows.