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| TITLE | Daegu District Court 2022No2699 Decided Aug. 8, 2023: Final and Conclusive 【Violation of Act on Welfare of Persons with Disabilities】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 Defendants A and B are a married couple, and Victim C (female, 61 years old) is a person with second grade intellectual disability, who is registered as a cohabitant at the defendants' address. The defendants, living in the same neighborhood as C, managed the subsistence allowance paid to C, and took advantage of C's serious intellectual disability to repeatedly assault C. In a case where the specificity of the indictment for violation of the Act on Welfare of Persons with Disabilities was in question, alleging that the defendants assaulted C with their hands and fists or kicked C, causing bruises on her arms and legs at the defendants‘ residence around December 2019 because she said she was going home or refused to take her medication, it was held that the fact that the date of the offence, among the facts charged, was unavoidably somewhat unclear in the above indictment due to C's intellectual disability, and that it cannot have hindered the defendants’ exercise of their right to legally defend themselves, so it could not be said that the indictment was not specific. | |
