The defendant shall be innocent.

1. The summary of the facts charged is a person who operates a swine stable in the Chungcheongnam-nam Budget Group B, and the victim C (Grade 37, intellectual disability 3) is a person who resided in a stable operated by the defendant from around 200 to around 200 and performs duties, such as management of livestock pens.

No one shall abandon a disabled person under his/her protection and supervision or neglect basic protection and medical treatment including food, clothing, shelter, etc. on or around March 2018, the accused, a disabled person under his/her protection and supervision, committed an act of neglecting the protection of the disabled person by having the disabled person under his/her protection and supervision of the accused, grow malodor, and living alone in a room where cleaning has not been properly performed.

2. Article 2(3) of the former Act on Welfare of Persons with Disabilities (amended by Act No. 15646, Jun. 12, 2018; hereinafter the same) that applies to the instant case provides that “the act of abuse of persons with disabilities” means physical, mental, emotional, verbal, or sexual violence, or cruel acts, economic exploitation, abandonment, or neglect against persons with disabilities. Article 59-7 newly established to determine the types of abuse of persons with disabilities at the time of the amendment of the Act on October 22, 2012 lists prohibited acts, and one of them sets out “the act of neglecting a person with disabilities subject to protection and supervision, or neglecting basic protection and treatment, including food, clothing, etc.” under subparagraph 3 of the same Article.

If the above former Act on Welfare of Persons with Disabilities is interpreted systematically taking into account the legislative intent of the legislator, no person who is a penal provision of Article 86(3) of the former Act on Welfare of Persons with Disabilities shall engage in any of the following acts:

1. Sexual harassment, sexual assault, etc. that cause a sense of sexual shame to disabled persons;

2. Two-wheeled acts of assaulting or injuring the body of persons with disabilities;

2. Violence, intimidation, confinement, and other activities for persons with disabilities;