2016 Highest 3570, 3678 (Joint) Violation of the Welfare of Disabled Persons Act

A

Long-hee, leaps (prosecutions), Kim Woo, Kim Jong-sik (Public trial)

April 12, 2017

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

The defendant is a child care teacher of "B children's house," who is a national or public child care center specialized in disabled children from the end of February 2013 to the end of Kimhae, and has served as a teacher of C-B children's house. No person shall commit any act of assaulting the body of any disabled person.

1. 피고인은 2015. 10. 21. 12:45경 위 어린이집 C반 교실에서, C반 소속의 지적장애 3급의 장애인인 피해자 김○○(4세)이 낮잠 시간에 누운 상태에서 잠을 자지 않고 습관적으로 입술을 깨무는 행동을 한다는 이유로, 엄지손가락과 검지손가락을 둥글게 말아 피해자의 입술을 1회 튕기고, 손바닥으로 피해자의 엉덩이를 1회 때려 장애인인 피해자를 폭행하였다.

2. At around 13:00 on October 21, 2015, the Defendant assaulted the victim, who is the disabled, by hand, at one time, on the ground that the victim’s O (n, five years old), who is a disabled person of Grade 2 with intellectual disability belonging to C, does not sleep at a low diving time.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police officer on ○○○ and ○○○○;

1. Each investigation report (limited to attachment of CCTV images to B childcare centers, and attachment of CCTV images to B childcare centers);

1. One copy of CCTV recording CD;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Each Act on Welfare of Persons with Disabilities No. 86(3)2 and No. 59-7 subparag. 2

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

The reason for sentencing is that the Defendant, as a primary offender, is pening and reflecting his mistake in depth, and there are some other circumstances that may be taken into account the motive and background leading to each of the crimes of this case. On the other hand, each of the crimes of this case is committed against victims who are disabled children, infant care teachers, and the nature of the crime is very significant, and the fact that the Defendant did not agree with victims (or their family members) even until now, is disadvantageous to the Defendant. In addition, the method and result of the crime of this case, the conditions of various kinds of sentencing shown in the records and arguments, including the circumstances after the crime, age, character and conduct, intelligence, environment, etc., were comprehensively taken into account.

Judges Ginyang-hun