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(영문) 수원지방법원 안양지원 2018.11.22 2018고단1547

장애인복지법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[The relationship between the defendant and the victim and the identity of the victim] The defendant is the head of the facility E of the organization located in the B building C, the victim F (M, 41 years of age), and the victim G (M, 35 years of age) with the defendant in the E facility as the first degree of intellectual disability.

[Criminal facts]

1. Violence against victim F;

A. On January 29, 2018, the Defendant assaulted the victim at the above E facilities around 18:00 to 19:00 on January 29, 2018, on the ground that the victim F was not a private person on the part of the Defendant, on the ground that the victim F was not a private person on the part of the Defendant, the Defendant used the victim inside the facility, thereby spreading the victim’s face to the victim, spraying the water into the victim’s face, walking the victim’s humf, walking the victim’s humf, cutting the victim’s humf by using the string, cutting down the victim’s humf, and cutting down the victim’s head by hand.

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

B. On February 2, 2018, the Defendant committed assault at the above E facilities around 14:00 on February 2, 2018, on the grounds that the victim F responded to and made a negeneous response during telephone conversations with the Defendant, and committed assault, such as: (a) the victim F was aware of the victim’s intent to face the victim; (b) the victim was walking the victim’s fright to face; (c) the victim’s fright to face the victim’s fright to face; (d) the victim was fright to face the victim; and (e) the victim’s head fright to face the victim’s hand.

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

2. The Defendant committed assault against the Victim G, on February 2, 2018, on the ground that he/she did not use the Victim G name in the above E facilities around 14:00, and on the ground that he/she did not use the Victim G name, the Defendant: (a) obstructed the Victim by hand; (b) obstructed the Victim’s part on his/her part; (c) walked the Victim’s part on several occasions; and (d) taken the Victim’s head on his/her hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes on recording;

1. The former Act on the Welfare of Persons with Disabilities (amended by Act No. 15270, Dec. 19, 2017) regarding criminal facts.