The Main Perpetrator Sentenced to 4 Years in Prison
The fines for a social worker and a social service agent charged with involvement in the 'asphyxiation death of a disabled person' incident at a welfare facility in Incheon have been finalized.
According to the legal community on the 9th, the Supreme Court's 3rd Division (Presiding Justice Lee Heung-gu) upheld the original verdict in the appeal trial of social worker A and social service agent B, who were charged with abuse resulting in death and violations of the Disabled Welfare Act. A was fined 5 million won, and B was given a one-year suspended prison sentence and fined 1 million won.
The court stated the reason for dismissing the appeal was that "there was no error affecting the judgment such as violating the rules of logic and experience, exceeding the limits of free evaluation of evidence, misunderstanding the foreseeability in the crime of abuse resulting in death as a result-enhanced offense, or misapplying the legal principles regarding the establishment of joint perpetration in abuse resulting in death."
The two were indicted for participating in a crime in August 2021 at a daytime care center for disabled persons in Yeonsu-gu, Incheon, where they forcibly fed gimbap and tteokbokki to a victim with autism spectrum disorder, resulting in the victim's death.
At the time, the two forcibly restrained the victim, who refused to eat and tried to go outside, by making them sit in a chair and participated in forcibly feeding the victim. B was also charged with punching the victim's abdomen once during this process.
The prosecution judged that although the two did not directly feed the victim, they conspired in the abuse resulting in death by restraining the victim's movements and brought additional charges.
The first trial court sentenced A to a fine of 3 million won and a three-year employment ban at institutions related to disabled persons. It denied the establishment of the crime of abuse resulting in death, citing no foreseeability of the victim's death, but recognized the crime of abuse. On the other hand, B was found guilty of abuse resulting in death and sentenced to two years in prison with a three-year probation, 200 hours of community service, and a five-year employment ban at institutions related to disabled persons.
The second trial court increased A's fine from 3 million won to 5 million won, while acquitting B of abuse resulting in death but recognizing guilt for aiding and abetting abuse resulting in death, sentencing B to a one-year suspended prison sentence and a fine of 1 million won.
The court judged that "the defendant was in a position to receive orders from a superior and did not directly feed the victim," and thus could not be considered a joint perpetrator of abuse resulting in death.
A suspended sentence is a system where, when a sentence of imprisonment or detention of one year or less, disqualification, or a fine is imposed, if the defendant shows clear remorse, the sentence is postponed, and if two years pass from the date of the suspended sentence, it is considered dismissed.
Meanwhile, social worker C, who led the act of forcibly feeding the victim, was previously tried, sentenced to four years in prison, and is currently incarcerated.
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