A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

From July 11, 201 to November 5, 2011, the Defendant served as a living rehabilitation teacher in D, which is a residential facility for persons with severe disabilities in South Won-si, Seoul, as a living rehabilitation teacher.

At around 16:00 on October 201, 201, the Defendant assaulted the victim by exercising the physical force of the victim by exercising the physical force of the victim in a way that the victim E (the aged 19) who is a disabled person of the first degree with developmental disability residing in the above D, did not take an additional measure at the time of a pro rata, and only her mixed-child facility.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Determination as to the assertion of the defendant and his/her defense counsel

1. 주장의 요지 피고인이 피해자의 얼굴 앞에서 라이터를 1회 켠 사실은 있지만, 다음과 같은 이유로 무죄이다.

(1) The defendant's act does not use the tangible force on the body of the victim and has no intention of assault.

(2) The act of a political party or an emergency evacuation is deemed to constitute a justifiable act because the victim gets a string of the entrance, which is favorable to eating a food in a restaurant, or committed a dangerous act, such as gambling head, etc.

2. Determination:

A. (1) In the crime of assaulting a judgment on the assertion, the term “Assault” refers to the exercise of physical tangible force against a human body, and thus it does not necessarily require any contact with the victim’s body, and thus, in the event of an act to display or put a hand or an article, as the victim may take a bath near the victim, the act constitutes an assault as an exercise of unlawful tangible force against the victim even though it did not directly contact the victim’s body.

(See Supreme Court Decision 89Do1406 Decided February 13, 1990, Supreme Court Decision 2000Do5716 Decided January 10, 2003, Supreme Court Decision 2008Do4126 Decided July 24, 2008, etc.). As to the instant case, the Health Unit and this Court.