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(영문) 전주지방법원 남원지원 2016.09.27 2016고단116
장애인복지법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

While the Defendant served as rehabilitation teachers in “D”, which is a residential facility for persons with severe disabilities in Namwon-si, Seoul Special Metropolitan City, on October 9, 2010, on the ground that at around 18:00, the victim E (70) who is a disabled person of Grade II, who resides in the above D 2nd floor, was faced with the victim by hand on the wall for the reason that the victim E (70) who is a disabled person of Grade II who resides in the above facility does not listen to the speech, and suffered two open wounds in need of two weeks of treatment from that time to March 11, 2016. In addition, the Defendant committed assault and injury to the body of a disabled person who resides in the above facility six times from that time to March 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to F and G by the prosecution;

1. An investigation report (related to the attachment of criminal facts CDs and the closure of a criminal video), an investigation report (related to the response to the request of the details of the victim's medical treatment), and an investigation report (related to the details of medical care benefits for

1. Application of Acts and subordinate statutes on internal investigation reports (related to CCTV attachment containing images of a suspect);

1. Relevant legal provisions of the relevant Act concerning the facts constituting an offense, Articles 86 (2), 59-7 subparagraph 2 of the Welfare of Persons with Disabilities Act (a point of inflicting an injury on persons with disabilities), Articles 86 (3) 2, 59-7 subparagraph 2 (a point of assault against persons with disabilities) of the Welfare of Persons with Disabilities Act, and the choice of imprisonment, respectively;

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. In light of the fact that a living rehabilitation teacher obligated to protect persons with disabilities admitted to a facility for the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act repeatedly assaults assaults or inflicts bodily injury on the victims by a private individual, and in particular, in the case of bodily injury, the responsibility is not easy for the elderly victims to the extent that they are strongly protruding away from the wall.

However, the defendant did not have the history of criminal punishment and appears to be against his/her criminal act, and agreed with the rest of the victims except the victim H.

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