"Slow Actions" Assault... Facility Director Found Guilty of Abusing Disabled Resident
Court Rules "Grave Betrayal of Professional Duty"
Both Prosecution and Defendant's Appeals Dismissed... Lower Court Ruling Upheld
A welfare facility worker who slapped a resident with a severe disability for being slow in their actions has been sentenced to prison again on appeal. The court ruled that the defendant's failure to fulfill their duty of care was a grave offense and found the sentence imposed by the lower court to be appropriate.
On May 11, the Gwangju District Court Criminal Division 2 (Presiding Judge Kim Jongseok) announced that it had dismissed both the appeal of Mr. A (37), who was indicted for violating the Act on Welfare of Persons with Disabilities and sentenced to one year in prison and a three-year employment restriction at institutions related to persons with disabilities in the first trial, as well as the prosecutor's appeal.
Mr. A was indicted on charges of repeatedly slapping resident B on the cheek on three separate occasions between August and November 2023 at a welfare facility for persons with disabilities in Naju, South Jeolla Province. The investigation revealed that Mr. A committed these acts because the victim was slow to get dressed or took longer to wash.
The first trial court stated, "As an operator of a welfare facility for persons with disabilities, the defendant betrayed their professional duty by assaulting a severely disabled individual under their care," and handed down a prison sentence.
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The appellate court also concluded, "The victim's statements, which described the circumstances of the assault in relatively concrete detail, do not appear to be false," and declared, "The sentence imposed by the lower court falls within the bounds of reasonable discretion," thereby rejecting both parties' appeals.
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