Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

On April 10, 2016, around 18:00, the Defendant assaulted the victim by breathing the Defendant’s breath, following the Defendant’s breath at the entrance of the YYA, which is located in the Simpo-gu, Busan, Pungpo-dong, with the victim C (59 years of age) and the dispute with the victim C, and committing assault by breathing the Defendant’s breath with one’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act regarding the provisional payment order is asserted that the defendant's act of assaulting the defendant's act constitutes a legitimate defense. However, according to each evidence of the judgment, the defendant's act cannot be viewed as a passive resistance and cannot be viewed as a legitimate defense. Thus, the defendant's and his defense counsel's assertion cannot be accepted.