장애인복지법위반
A defendant shall be punished by imprisonment for not more than ten 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.
Punishment of the crime
(2017 Highest 2568) The Defendant is a social worker working at the branch of Ccheon-gu, an incorporated association, who takes charge of “D” as a after-school program for disabled juveniles.
On April 3, 2017, at around 15:35, the Defendant committed emotional abuse against the victims with disabilities, such as assaulting them or impairing their mental health and development, on a total of 34 occasions as described in the daily list of crimes, by putting the head of the victim E (12 3 years, remaining) in his/her hands, with his/her hands, and her fingers of the victim E (12 years, remaining).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F, G, H, and I;
1. Complaint;
1. Family relation certificate and welfare card for the disabled;
1. A protocol of seizure and a list of seizure;
1. A criminal photograph of the victim (CCTV image data);
1. Application of investigation reports (in relation to the personal information of persons who damage additional recognition and the attachment of a welfare card), and statutes;
1. Article 86 (3) 2 of the Act on the Welfare of Persons with Disabilities and Articles 59-7 subparagraph 2 and 6 of the Act on the Welfare of Persons with Disabilities, the selection of punishment for a crime, and the selection of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: although the defendant has to protect and care for the intellectual disabled who are hard to express his/her opinion as a social welfare worker, the defendant committed violence or emotional abuse on several occasions to the intellectual disabled persons with serious character of his/her protection, the number of disabled persons reaches eight persons, the number of disabled persons reaches eight persons, the number of disabled persons is considerably favorable: the defendant's mistake is recognized, the defendant's mistake is recognized, the defendant's agreement is reached with six victims; the defendant's age, sex, family relationship, family environment, motive and means of the crime, and the circumstances after the crime are considered in light of various sentencing conditions as ordered.