Where the defendant fails to pay the above fine, one million won shall be the one day.

On November 14, 2017, the Defendant: (a) committed a dispute with the victim D (n, 25 years old) and seat concession while getting on or off a 16-party 15-party 15-party flive train for his status election; and (b) committed an assault against the victim’s head by hand at one time while getting off the said train and getting out of the said train, in the vicinity of the sperm station located in 333 as spawn in Sungnam-gu, Sungnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to CCTV photographs inside the subway;

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. 가납명령 형사 소송법 제 334조 제 1 항 변호인의 주장에 대한 판단 변호인은 고령의 피고인이 젊은 피해 자로부터 공공장소에서 ‘ 미친년’ 이라는 욕설을 듣고 머리를 한 대 툭 친 행위로서 사회적으로 상당성이 있는 행위에 해당하여 위법성이 없다는 취지로 주장한다.

위에서 든 증거들에 의하면, 피해자는 수사기관에서 피고인과 다투는 과정에 ‘ 먼저 밀치셨잖아요

“Absent the Defendant’s desire and assaulted at the time of head as stated in the facts constituting a crime.”

The facts of the statement, the assault by the defendant, etc. is recognized as the fact that the victim was pushed ahead of the victim's head.

In full view of these circumstances, even if the defendant did not properly confirm the facts and was caused by misunderstanding, or the fact of vindication of the defendant, unlike the victim's statement, it cannot be evaluated as an act of social reasonableness with the degree of the above violence.

The reasons for sentencing include the fact that the defendant is against his mistake when he comes to the court, that there is no record of crime except for the punishment as a fine in 1981, and that there is no compensation for damage to the victim, and that there is no compensation for the damage.