On May 16, 2016, at around 10:00, the Defendant assaulted the victim D(42 years of age) and chests by hand at the front parking lot of the So-ri-ri Village Community Center, both of which are the 10:0,00.

Summary of Evidence

1. Partial statement of the witness D;

1. A protocol concerning the examination of suspect of the police against D (a list of evidence No. 5);

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to a report on investigation (as to the details of the attachment of CCTV recording data at the scene of occurrence);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. Determination as to the assertion of the original Defendant and his defense counsel, who shall be sentenced to the suspended sentence

1. First, the Defendant and his defense counsel asserted that the instant prosecution should be dismissed, since D was investigated by the police on June 7, 2016 and finally expressed the Defendant’s intention not to punish the Defendant.

Therefore, the victim expressed his wish not to punish or withdraw his wishing to punish in the crime of death, anti-presidential act.

In order for recognition, the victim’s genuine intent should be expressed in a way that enables clear and reliable testimony (see, e.g., Supreme Court Decisions 2003Do4934, Jun. 25, 2004; 2003Do8136, Mar. 25, 2004). In that context, according to the evidence duly examined by this court, D was investigated as the victim at the Bupyeong Police Station as of June 7, 2016, and it was assaulted by the Defendant.

It is recognized that the part of the charged facts of this case, which is the part of the assertion, stated to the purport that “not want to be punished” is “not wanting to ask questions of judicial police officers.”

However, following the statement to the above purport, D will make it possible for the defendant to reach an agreement and decide whether to punish him.