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(영문) 대전지방법원 홍성지원 2019.05.28 2018고정171
장애인복지법위반등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. No person shall compel a person with a disability to engage in labor against his/her free will by means of assault, intimidation, confinement, or any other means unfairly restricting his/her mental or physical freedom;

A. On April 8, 2018, at around 08:00, the Defendant: (a) threatened the victim C(39 years of age) with intellectual disability with the Defendant’s cultivation in Chungcheongnam-gun, Chungcheongnam-gun; (b) threatened the victim that “I will bring about a complaint if I would like to pay I would have to pay I would have to pay I would have to pay I would have to pay I would have to pay I would have to pay I would have paid I would have to pay I would have paid I would have to pay I would have paid I would have to pay I would have paid I would like to transport I would have to transport I would have to pay I would have to pay I would have to be free to the victim for two hours.”

B. around 13:00 on April 9, 2018, the Defendant: (a) threatened the victim at the same place as above in order to cause the victim to spread pesticides to dry field for about one hour; and (b) continued to transport fertilizers to dry field for three hours; and (c) forced the victim to work against the will of freedom of persons with disabilities.

2. Around 14:00 on April 12, 2018, the Defendant entered the victim’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, Seocheon-gun, and opened a closed door of the living room that was not corrected and intruded into the victim’s residence.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement by the prosecution against C;

1. A report on clinical psychology assessment and a written confirmation of medical treatment;

1. Application of Acts and subordinate statutes to a detailed statement of 112 reported cases settlement;

1. Article 86 (2) 2 of the Act on Welfare of Persons with Disabilities, subparagraph 2-2 of Article 59-9 of the Act on Welfare of Persons with Disabilities, Article 319 (1) of the Criminal Act, and the choice of fines, respectively, for criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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