The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, the Defendant did not pluck up or pluck up the victim’s chest or pluck up the victim’s hair by leaving the body.

(2) The Defendant only acted in accordance with the standard teaching material manual to train the victim as a caregiver in order to change the body of the victim, and there was no intention to inflict an injury.

(3) The defendant's act and the victim's injury are without causation, and the defendant's act is excluded from illegality as an act that does not go against social norms.

B. The sentence imposed by the lower court (one year of a suspended sentence of six months of imprisonment) is too unreasonable.

2. Determination

(a) No person prosecuted shall injure the body of any older person aged 65 years or older;

On January 29, 2018, at around 06:27, the Defendant, as a caregiver in the C Care Center located in B, was a victim E (79 years of age) who was divingd on the ground of the above C Care Center D on Jan. 29, 2018, and tried to install a planting board on the ground that the victim was placed at a right place. The victim tried to drive the arms and legs without hearing the horses of the Defendant, and to bring about the body of the victim, the victim's fingers towards the chest, knee of the victim's body, knee of the victim's right knife toward the Defendant's right side, knife the victim's right side with the Defendant's left hand, and was plicked one time in the direction outside.

As a result, the defendant committed an act of inflicting an injury such as cutting off the body of the victim who is 65 years old or older, which requires 12 weeks of treatment.

B. The lower court, on the grounds stated in its reasoning, found that the Defendant intentionally inflicted an injury on the victim of the injury, and that the Defendant’s act cannot be deemed an act that does not violate social norms in light of the content and degree of the Defendant’s exercise of force, and the result therefrom, and convicted the Defendant of the above facts charged.