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(영문) 전주지방법원 남원지원 2016.10.18 2016고단115
장애인복지법위반
Text

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

Reasons

Punishment of the crime

The Defendant is a person who worked as a living rehabilitation teacher in the “D”, which is a living facility for persons with severe disabilities, in South Won-si.

1. Around July 2015 to August 8, 2015, the Defendant assaulted the victim’s body by double hand on the ground that the victim E(22 years of age) who is a disabled person of Grade 1 with intellectual disability who resides in the above facility at the front of the foregoing D, does not hear the horses, and then sealed the victim’s body into the right outer wall of the entrance of the above facility, and then cut down with one hand.

2. At around 22:00 on September 15, 2015, the Defendant injured the victim’s left hand in order to attract him/her to the outside of the room on the ground that he/she repeats his/her intellectual disability 2nd degree F (30 years of age) who is a disabled person of the second degree who resides in the above facility at his/her own expense, and that his/her behavior would interfere with other disabled persons’ happiness, and thereby, he/she suffered injury, such as cutting down the body body of the upper body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the second degree, which requires a medical treatment for about 10 weeks, on several occasions.

3. Around 07:00 on February 19, 2016, the Defendant violated the Act on Welfare of Persons with Disabilities, on the ground that G (16) who is a disabled person of the first degree of intellectual disability (16 years of age) who resides in the above facility at the rest room of the above D 2nd floor, takes the back of the half of the other disabled persons, and assaulted the victim by taking the victim’s head debt at his/her hand, and committed assault on the body of the disabled who resides in the above facility three times from around that time to March 11, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each prosecutor's statement to I and J;

1. Copies of the police statement to K; and

1. Ctv closure screen, cd;

1. Copy of the business performance report;

1. Copy of a warrant of search, seizure and verification;

1. Response (F) and request for cooperation in investigation (request for confirmation, such as the standing part);

1. Copies of each facility protection and management card, etc.;

1. Determination as to the assertion of the defendant and his/her defense counsel on the investigation report (attached to the register of visit from outside Korea)

1. The defendant is the victim of the allegation.

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