If the defendant does not pay the above fine, KRW 100,000.

The defendant is a cargo driver.

On April 29, 2019, around 13:09, the Defendant assaulted the victim by driving the victim immediately in front of the victim, using the E truck, for the reason that the victim D (the age of 45) does not load the goods loaded on the cargo vehicle at the Dondong-gu, Dong-gu, Seoul Special Metropolitan City.

Accordingly, the defendant assaulted the victim by using dangerous things.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant did not have any intention to assault the victim.

2. The term “Assault” in the crime of assaulting a person means the exercise of physical or mental pain on a person’s body. It does not necessarily require any contact to the victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of pain inflicted on the victim, etc.

Therefore, even if one does not face the victim's street blocking, repeated act of driving the vehicle early as the victim is faced with, it is also deemed that the victim has exercised illegal tangible power against the victim.

(see, e.g., Supreme Court Decision 2016Do9302, Oct. 27, 2016). According to the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the Defendant, despite the existence of sufficient space to drive a vehicle by avoiding a victim, is the victim of the vehicle.