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(영문) 제주지방법원 2016.09.22 2015고단1034
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From September 2012 to December 2014, the Defendant served as a social worker in D, a facility for protecting persons with severe disabilities, which was located in C, from around September 2012 to around December 2014. On November 15, 2014, the Defendant: (a) brought the victim F (22 tax) in the E-living room located in D, on the ground that the victim was faced with disturbance, such as holding the instant World Cup, and (b) brought the victim’s back back to the back one time after walking the back part of the victim’s back to approximately two weeks of back, thereby causing injury to the victim, such as strawing, gambling, and strawing.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's statement made to G, H, I, and J;

1. Each police statement protocol with respect to G, K, and L, and the police statement protocol with respect to I (first time);

1. The K's statement;

1. Reporting on investigation (Submission of reference materials);

1. A investigation report (in addition to the F individual's services, daily services, etc.), personal services, and a branch;

1. Application of D-10 to November 2014 of the Act and subordinate statutes on the status of residents living in D-2014

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Victims who are vulnerable to crimes in the aggravated area (six months to two years) (special aggravation) of the aggravated area (six months to two years) on the basis of the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] general injury;

2. Determination of sentence: The Defendant’s age, sexual conduct, environment, means and consequence of the crime, circumstances after the crime, quantity of similar incidents, and other various sentencing conditions specified in the argument of this case are considered. In particular, the following circumstances should be considered: (a) as a social welfare worker, the Defendant served as a rehabilitation teacher in D, a facility for persons with disabilities with severe disabilities, and inflicted injury on the admitted victim; (b) the Defendant committed the instant crime; (c) the Defendant, as a social welfare worker, had a duty to protect persons with disabilities within his/her protection scope; and (d) the Defendant inflicted injury on the disabled victim, who is vulnerable to the crime and is de facto unable to express his/her intent.

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