A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 25, 2013, the Defendant had the victim C(80 years of age) and a long-term in the Integrated Welfare Center for the Aged located in the Seosan-dong, Busan Metropolitan City, and had the victim go beyond the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit of the lower limit

Summary of Evidence

1. Each legal statement of witness C and D;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crime;

1. Determination of the defense counsel’s assertion of selective imprisonment with labor

1. The main point of the argument is that the defendant did not have the intention of injury and did not have the predictability of the result of injury, and the defendant's act constitutes a legitimate act (Article 20 of the Criminal Code) as a passive defensive act against the threat of the victim.

2. In full view of the developments leading up to the instant dispute, the method and degree of assault by the Defendant, and the part and degree of the injury, which are acknowledged by the evidence duly examined and adopted by the court, the Defendant, with intent and predictability of the injury, exercised a strong tangible power to the extent that the Defendant exceeded the floor of the smuggling, as stated in the above facts constituting the crime.

Also, in addition to the defendant's statement, the above evidence shows that there is no evidence to acknowledge that the victim first brought about a threat to the defendant, it is difficult to view that the defendant's above act constitutes a justifiable act that does not violate the social norms.

3. Accordingly, we cannot accept the defense counsel’s above assertion.

The reason for sentencing [the range of recommendations] the general injury (the general injury) is not the basic area (from April to one year and six months) (the special person) (the decision of the sentence] (the decision of the sentence) and the degree of damage has not been recovered. Nevertheless, the defendant commits a crime.