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(영문) 의정부지방법원 2018.12.20 2018고정1479

장애인복지법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is employed as a life rehabilitation teacher who cares to care and care for the disabled living who have been admitted to a medical care center in the Korean War B so that they can promote welfare and lead a comfortable life for the disabled.

No person shall arrest or detain the disabled persons.

Nevertheless, at around 03:10 on April 24, 2018, the Defendant: (a) 1st degree disabled victims E (W, 39 years old), who are intellectual disabilities living in the said area, was fright to the living room in which other disabled persons are diving; and (b) was prepared in advance to prevent the disturbance from being locked by hiding the bell by using a string, locking the bell in order to prevent it from unlocked; (c) was tightly bound by the string of the 10 minutes, which is installed at the string and the entrance; and (d) the Defendant was able to unlocked the bell by staying the body of about 10 minutes, with the string of the string.

Accordingly, the defendant arrested and detained the victim who is a disabled person without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of two Acts and subordinate statutes to two photographs; and

1. Article 86 of the Act on the Welfare of Persons with Disabilities and Articles 86 (3) 3 and 59-9 of the Act on the Welfare of Persons with Disabilities and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the defendant arrested and detained the victim with physical disability 1 while working as a rehabilitation teacher, using labels and locks, etc., and the criminal liability is light of the crime.

shall not be deemed to exist.

However, the defendant's mistake and reflects, the fact that the defendant was dismissed in the disciplinary procedure after this case, the first offender, and other circumstances leading to the crime of this case before and after the crime of this case.