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(영문) 대전지방법원 홍성지원 2018.05.15 2017고단896

장애인복지법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

"2017 Highest 896"

1. The Defendant in violation of the Welfare of Persons with Disabilities Act is the father and father of the victim C (43 ) and the victim is the second degree disabled person with intellectual disability.

On November 17, 2017, from around 09:47 to 10:45, the Defendant assaulted a victim who has difficulty in driving in front of the Defendant’s house located in Chungcheongnam-gun, Hongsung-gun, due to the fact that the situation where the Defendant ought to leave the victim’s face, etc. due to the fact that the victim’s side head is fake, the victim’s face part is flick, the victim’s head, and the leg part is flick.

Accordingly, the Defendant committed assault on the body of the disabled.

"2018 Highest 134"

2. On December 21, 2017, the Defendant interfering with his duties: (a) the Victim G (38 years old) that had accepted gate before the F’s house located in Chungcheongnam-gun Hong-gun on December 21, 2017.

The victim took a bath, and the victim interfered with the repair work of the victim by force for about 30 minutes by preventing the victim from holding the gate, etc.

3. In the above date, time, and place, the injured Defendant inflicted bodily injury on the part of the victim, on the ground that the victim neglected the Defendant and went to the gate, resulting in approximately two weeks of the victim’s right side part of the blusium, such as salt, tension, etc.

Summary of Evidence

"2017 Highest 896"

1. Partial statement of the defendant;

1. A certificate of persons with disabilities and a statement of diagnosis;

1. The CCTV screen CD (the defendant's defense counsel asserted that it was illegally collected evidence without the defendant's consent, but according to the witness H's legal statement, it can be recognized that the CCTV was submitted with the defendant's consent. Thus, the above argument is not accepted) "2018 Godan 134."

1. Each legal statement of witness G and F;

1. 112 Details of report processing;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 86(3)2 of the Act on the Welfare of Persons with Disabilities and Article 59-7 subparag. 2 of the Act on the Welfare of Persons with Disabilities and Article 314 of the Criminal Act concerning criminal facts.

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