2016 Violation of Welfare of Disabled Persons Act

A person shall be appointed.

Housing, Gun, Si, Gun, Dong;

Olsan-si, Olsan-dong

Kim Young-young (Lawsuits) and personnel (Trial)

Attorney Park Jong-chul

July 19, 2016

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

Punishment of the crime

Around 09:02 on February 19, 2016, while the Defendant worked as a living rehabilitation teacher at “B House”, which is a living facility located in the area of Namwon-si, Namwon-si, on the ground that the victim C (the age of 19) who is a disabled person of Grade II living in the second floor of the above house, who is a disabled person of Grade B, was seated in a small wave and was not broken out in locking, the part of the above victim’s left side bbucks one time, and the part of the victim’s left bucks one time from April 7, 2015 to March 16, 2016, the Defendant committed an assault against the disabled person, as described in the attached list of crimes, and lived in the above facilities.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police statement made to D, E, and F;

1. Investigation report (related to telephone conversations by witnesses), investigation report (Attachment of criminal facts to CDs and closure of criminal images);

1. A report on internal investigation (related to a report on business ability and attachment of an accompanying statement of reasons);

Application of Statutes

1. Relevant Articles of criminal facts;

Each Act on Welfare of Persons with Disabilities No. 86(3)2 and No. 59-7 subparag. 2

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

The defendant, a social welfare worker, who has a duty to protect the disabled admitted to the facility, has repeatedly assaulted the victims. In some cases of violence, it was conducted without any objective or reason to understand, and in some cases, the degree of violence is more severe than once, such as assault or exercise of strong force.

In addition, considering the fact that most victims are severely severely disabled persons who are unable to express their intentions properly, the need to protect them is greater, most victims and their families want to punish the defendant, and the defendant denies the initial crime in the investigation, it is inevitable to sentence sentence because the possibility of criticism against the defendant is high.

However, considering the favorable circumstances that there was no history of criminal punishment, and that the Defendant appears to be against the victim while recognizing all the crimes of this case in the court, that there was an agreement with some victims, and that there was a need to restrain the victim from exercising his sexual organ in some cases. Considering the overall sentencing conditions stated in the arguments of this case, such as the circumstances of the sentencing, including the circumstances of the high person's family environment, the punishment shall be determined like the text of the State.

Judges Seo-dae et al.