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(영문) 전주지방법원 남원지원 2016.11.15 2016고정61
장애인복지법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who served as a living rehabilitation teacher in D, which is a residential facility for persons with severe disabilities, in South Korea, from February 12, 2013 to June 30, 2015.

1. Around January 4, 2014, the Defendant assaulted the victim E, who was a disabled person of Grade I (24) who resides in the above facility at the ward of the above D 2nd floor, and was assaulted by the victim E, a disabled person of Grade I (24) by both hand, who did not sleep and attempted to move into a corridor, on one occasion of the face of the victim.

2. On April 2015, the Defendant assaulted the victim’s face and the upper part of the said victim at two or three times on the ground that the victim F(25 years of age) who is the disabled of the mental body of the first degree residing in the said facility, was removed from a dance warehouse for the treatment of ear infection, at the insular village located in the said D 2nd floor.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G (including the H’s statement part);

1. Weekors;

1. Application of Acts and subordinate statutes to investigation reports (Attachment, such as a copy of case records);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order repeatedly assaults assaults persons with disabilities despite the fact that the defendant is in a position to actively protect persons with disabilities; the victims are severely severely disabled persons who are unable to express their own will; thus, the need for protection is more unfavorable; considering the circumstances favorable to the defendant's initial and reflect nature; and comprehensively considering all the factors such as the background and degree of assault, etc., the sentence is determined as per the order.

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