Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Around 09:30 on January 16, 2019, at the C president's office in Ansan-si B and 2, the Defendant stated that the victim was "Ara," while making a verbal dispute with the victim D(49 years of age), and assaulted the victim's face by hand, etc. one time.

Summary of Evidence

1. Legal statement of witness D;

1. Each police statement of E and F;

1. Determination as to the assertion of the defendant and his defense counsel on the investigation report (the second page of the assault and the attachment of photographs to the damaged body)

1. The summary of the argument is that the Defendant did not have the intent to commit assault, and even if he assaulted the victim, it does not go against the social norms, and the illegality is excluded.

2. Article 20 of the Criminal Act provides that "no act contrary to social rules shall be punished." The concept of social rules is stipulated as the basis for determining the most basic illegality. According to such provision, even if the act appears to fall under the requirement for constituting a crime under the language and text of the law, its illegality may not be excluded and punished only when it appears to be within the scope of historical social order created as one of the most common forms of life (see, e.g., Supreme Court Decision 82Do357, Feb. 8, 1983). Even if in this case, the victim showed a bad attitude toward the defendant who is the representative director of the company. Accordingly, during the process of returning the victim, the victim was committed an assault as stated in its reasoning.

Even if considering all circumstances, such as the circumstances of the above case and the method and degree of the assault, it is recognized that the defendant's intentional act of assault is recognized, and the illegality cannot be deemed to be avoided because it is difficult to view that the defendant's act is within the scope of social order created historically as a normal

3. Conclusion, Defendant’s assertion is rejected.

Application of Statutes

1. Article 260 of the Criminal Act applicable to the crime and the choice of punishment.