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(영문) 전주지방법원 남원지원 2016.07.19 2016고단56
장애인복지법위반
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On February 19, 2016, when the Defendant worked as a rehabilitation teacher at “D,” which is a residential facility for persons with severe disabilities in South Won-si, the Defendant committed assault to the body of a person with disabilities residing in the above facility on the ground that the victim E (19 years old) who is a disabled person of class 2 with intellectual disability residing in the above facility in the above D 2-class D 19:02 on February 19, 2016, he/she was involved in the above victim's left part once, and the part of the victim's buckbucks to his/her left part once, and from April 7, 2015 to March 16, 2016, the Defendant committed assault to the body of a person with disabilities residing in the above facility on 26 occasions as described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Copies of each police statement made to F, G, and H;

1. A criminal investigation report (related to telephone conversations for witnesses) and a criminal investigation report (related to the attachment of criminal facts to CDs and to the closure of a criminal video);

1. Application of Acts and subordinate statutes to report internal investigation (related to reporting of business capability and attachment of private documents);

1. Article 86 (3) 2 of the Welfare of Persons with Disabilities Act and subparagraph 2 of Article 59-7 of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. A person who is obligated to protect the disabled persons admitted to a facility for sentencing reasons under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes committed violence against the victims by a private person.

In some cases of violence, it has been conducted without any objective or reason to understand, and in some cases, it is very important to use violence at a time, such as violence or exercise of strong force.

In addition, considering the fact that most victims are persons with severe disabilities who can not express their intentions properly, and that most victims and their families want to punish the defendant, and that the defendant denies the initial crime in the investigation, it is inevitable to sentence sentence because there is a high possibility of criticism against the defendant.

However, the defendant has no history of criminal punishment.

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