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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles do not have any fact that the victim was less lower than the timber of the victim, and there was no fact that the victim was injured by scambling salt, and there was no fact that the Defendant attempted to restrain vagabonds between the victim and G. As such, there was no intention of injury or assault.
Even if the defendant's act constitutes the elements of injury and assault, the defendant inevitably exercised tangible power to arbitrate dispute between employees, and such act constitutes a justifiable act that does not violate social rules.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and erroneous.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.
2. Determination
A. The summary of the facts charged is that the Defendant, who ordinarily employs 450 workers and operates a social welfare business, is an employer who acts on behalf of a business owner in relation to the matters concerning workers as the rehabilitation support office of the D General Welfare Center C located in the Busan Dong-gu, Busan.
An employer shall not do violence to a worker for the occurrence of accidents or for any other reason.
Nevertheless, on June 15, 2018, the Defendant: (a) around 09:30 on the front side of the Busan Central Welfare Center E, and (b) on the ground that the Victim F (39 years of age) who is a bus driver of the D General Welfare Center refused bus operation in relation to the exercise of the D General Welfare Center’s day care for the disabled facilities, brought an objection to G of the said Welfare Center on the part of the victim himself/herself; and (c) caused the injury of the fluoral blue base, which requires approximately two weeks of treatment to the victim by hand, while he/she prevented him/herself from participating in the dispute with G of the said Welfare Center on the ground that he/she refused to operate the bus operation.
Accordingly, the defendant inflicted bodily injury on the victim who is an employee and assaulted the victim at the same time.
B. Determination 1 by the Defendant’s act is the crime of injury and assault.