Defendant shall be punished by a fine of KRW 100,000.

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

Punishment of the crime

On November 15, 2019, at around 09:34, the Defendant demanded that the “C convenience store” in the “C convenience store” located in Si-si, Si-si, Si-si, 201 be exchanged as one cigarette for string tobacco, which is located in 21 years old.

The defendant refused to exchange tobacco at the convenience store that he/she works for, and eventually, the defendant's charge of exchanging tobacco dust is stated as "to refuse to exchange, thereby bringing the victim a desire to do so." However, the defendant revised the facts of the crime to the extent that it does not interfere with the defendant's exercise of his/her right to defense."

On one occasion, the victim's left part of the arms was assaulted by tobacco powder exchanged by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (as to the verification of CCTV data at the scene of damage);

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination as to whether the issue of Article 334(1) of the Criminal Procedure Act (which constitutes violence) is applicable to a provisional payment order

1. The term “Assault” in the crime of assaulting a legal doctrine refers to the exercise of physical or mental pain to a person’s body, and 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.

(Supreme Court Decision 2016Do9302 Decided October 27, 2016). The aforementioned assault does not necessarily require the victim to have contact with his/her body, and in the interpretation of the crime of indecent act by compulsion, assaulting at the same time as the indecent act in the case of an indecent act by compulsion is to suppress the other party’s intent.