beta
(영문) 의정부지방법원 고양지원 2019.06.05 2019고정249

장애인복지법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 9, 2019, the Defendant in violation of the Welfare of Disabled Persons Act committed an act of inflicting bodily injury on the victim C (the disabled) who had a 3rd degree of intellectual disability in cash, 2,500 won in front of the apartment building B at Goyang-si, Goyang-si, and had a friendly test around the Seoul Station while driving away the victim, on the ground that the victim did not hear the Defendant’s horse, and caused the victim’s face due to drinking and growth, leading the victim to drinking and growth, leading the victim to drinking, leading the victim to the victim’s face, and continuing the body and head of the victim’s body going beyond the floor of the main house. In addition, the Defendant committed an act of inflicting bodily injury on the victim by causing the victim’s body such as the victim’s unknown head of the body and head of the body of the victim, including the salke and the salke in detail where treatment for about two weeks is necessary.

2. Around January 22, 2018, the Defendant in violation of the Punishment of Minor Offenses Act filed a false report on a crime with a public official who did not file 112 reporting (number 8160) with the intent to dispatch a police officer to his/her mother, who does not contact with the Defendant, to send him/her to his/her mother, who is a child of Gangseo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Report on internal investigation (receiving of the victim's inner part and hand on his/her hand), and report on internal investigation (receiving of his/her medical certificate);

1. Application of Acts and subordinate statutes for reporting (False Reporting) violations of the Punishment of Minor Offenses Act;

1. Article 86 (2) 1 of the Act on Welfare of Persons with Disabilities, Article 59-9 (2) 2 of the Act on Welfare of Persons with Disabilities, Article 3 (3) 2 of the Punishment of Minor Offenses Act (a false report), and the choice of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. The part of the injury inflicted on the victim for the reason of sentencing in Article 62-2 of the Probation Criminal Act.