Text
Defendant
A shall be punished by a fine of KRW 500,000.
Defendant
If A does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Defendant
A around 15:40 on October 11, 2017, around 15:40, "E marriage information company" in subparagraph D of "Seoul Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government C Building" used the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. A criminal investigation report (CCTV image analysis report);
1. Application of the CD-related Acts and subordinate statutes (in particular 03:51:50 times among the 83 pages of investigation records);
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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant B) of the Provisional Payment Order;
1. On October 11, 2017, at around 15:40, the summary of this part of the facts charged is that the Defendant assaulted the victim A (73) who is the representative of the said marriage information company, to leave the said marriage information company as a member of the said marriage information company, on the matter of the withdrawal of the members of the Defendant’s father, who was in a dispute with the said marriage information company, who left the victim’s right part of the victim’s trade name and part of the right side of the victim who left the said place.
2. Determination
A. The term “Assault” in the crime of assault refers to the exercise of physical or mental pain on a person’s body, and it does not necessarily require any contact with the victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, the circumstances at the time of the act, the form and type of the act, the existence and degree of the suffering inflicted on the victim (see Supreme Court Decision 2016Do9302, Oct. 27, 2016). Meanwhile, the assault committed under Article 260(1) of the Criminal Act, as it cannot be deemed an unlawful attack on the person’s body only with the other party’s vision, friencing or defective, and his arms 2 and 3 times.