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(영문) 전주지방법원 남원지원 2016.10.25 2016고단114
장애인복지법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On February 18, 2016, while the Defendant worked as a living rehabilitation teacher in F, a residential facility for persons with severe disabilities in E, the Defendant committed assault against the body of a person with disabilities residing in the above facility four times from around that time to March 11, 2016, as described in the attached Table of crimes in the victim G (32 years of age) who is a disabled person of Grade I with intellectual disability who resides in the above facility in F, was unable to engage in any behavior going on the table in which the victim's body is in a resting room, by dividing the victim's body, so that he/she may not sit in the shock and shock in his/her hand, and committed assault against the person of a person with disabilities residing in the above facility four times from that time to March 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The CD;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a facility protection and management card for victims);

1. Article 86 (3) 2 of the Act on Welfare of Persons with Disabilities and the subparagraphs 2 of Article 59-7 of the Act on Welfare of Persons with Disabilities for the selection of applicable laws and punishment for crimes;

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

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

1. It is an unfavorable circumstance that the defendant repeatedly assaults the victims, who are the head of the livelihood rehabilitation team obligated to protect the disabled persons admitted to the facilities for sentencing under Article 62-2 of the Social Service Order Criminal Act, and the victims are persons with severe disabilities who cannot express their own opinions properly, and that there is a great need to protect them.

However, the defendant has no record of criminal punishment, and appears to be against his/her will while recognizing his/her crime, considering the favorable circumstances that he/she deposited a certain amount for the victims, and comprehensively considering all the sentencing conditions, such as the background, degree, and method of assault, etc., the punishment shall be determined as ordered.

The acquittal portion

1. On June 21, 2015, the Defendant: (a) around June 21, 2015, the Victim H (18 years of age) performed in F after the surgery.

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