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(영문) 서울남부지방법원 2020.12.23 2020고단4820
장애인복지법위반
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

Defendant

A is a nursing person who was under the care of the victim D (the age of 63) at C Hospital from April 27, 2020 to May 29, 2020.

On January 2, 2020, the victim is a person with a disability in a state of paralysis that is considerably restricted in walking and daily life action due to physical disability caused by climatic diseases, such as brain damage caused by traffic accident.

Defendant

B is the defendant A's Dong nursing who has been a patient who uses the same nursing room as the victim.

1. No person who is a defendant shall commit violence against the body of any disabled person;

Nevertheless, the Defendant committed violence against the body of a disabled person as follows.

On May 2020, the Defendant committed the first police officer on May 1, 2020, when the victim took part in the victim’s chest, etc. on the ground that the victim did not cooperate in moving the victim to the rehabilitation treatment room because the rehabilitation treatment was difficult, and the victim did not cooperate in moving the victim to the rehabilitation treatment room in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

B. On May 2020, the Defendant committed the crime in the middle of May 2020, at the F Serviceroom of the pertinent C Hospital, and the above A.

For the same reason, the victim made several times on the breast part of the victim.

C. On May 28, 2020, the Defendant committed a crime around May 28, 2020, within the elevator of the above C Hospital around 08:42 on May 28, 2020, and the above A.

For the same reason, the victim's face, etc. is several times, and the victim's hand is divided into less part of the victim's face.

2. No person who accused B shall commit emotional abuse detrimental to the mental health and development of persons with disabilities;

피고인은 2020. 5. 초순경 위 C병원 F호실에서, 피해자가 피고인에게 욕설투의 말을 하였다는 이유로, 뇌의 기질적 질환으로 마비 상태에 있어 적극적으로 의사를 표현하거나 대응할 수 없는 피해자에게 ‘왜 기분 좋을 때는 웃고, 기분 나쁠 때는 욕을 하느냐’고 말하면서 마치 때릴 듯이 피해자의 얼굴 쪽으로 주먹을...

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