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(영문) 의정부지방법원 2017.05.11 2016고정2456
장애인복지법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the general public, and the victim C(48 years, inn) indicated the welfare card for disabled victims with intellectual disabilities as “mental disability” on the welfare card for disabled victims, but the name was changed to “cadastral disability” as amended on April 11, 2007 by the Welfare of Disabled Persons Act.

2 is a person with a grade-2.

On March 18, 2016, the Defendant assaulted the victim's face part, such as the victim's ma and knife, on the ground that the victim was inside the Mar. 18, 2016, at around 17:00, the Mar. 17:0, 2016, and was inside the Mar. 3 to 4 times, on the ground that the victim was inside the Mar. 18, 201, without turning on the part of the victim's ma and knife.

Summary of Evidence

1. Each legal statement of C, F, G, and H;

1. Investigation report (Submission of records of outpatients medical treatment) and records of outpatients medical treatment;

1. Copies of victim resident registration certificates and cards for welfare of disabled persons;

1. The Defendant asserted to the effect that the victim’s body photograph (the Defendant, at the time of the instant case, referring to the fact that the victim’s face was fluored, but the face was not fluored.

However, in full view of the circumstances acknowledged by the above evidence, i.e., ① the victim and witness specifically stated the situation at the time when the victim was the victim and most of the statements at this court; ② the photograph taken by the victim at the time corresponds to the above statements; ③ the statement of the victim and witness; and ③ the statement of the victim and witness, and the victim’s speech and behavior, etc., it can be sufficiently recognized that the defendant committed assault against the victim, as shown in the facts charged in this case.

Application of Statutes

1. Relevant legal provisions and Articles 86 (3) 2 and 59-7 subparagraph 2 of the Welfare of Persons with Disabilities Act and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The Criminal Procedure Act for the Costs of Litigation.

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