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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
around 17:00 on October 10, 2015, the Defendant committed assault against the victim by taking advantage of the victim E (hereinafter “E”)’s desire to take part in the monetary issue of the Defendant’s dynamics, other than the F, while participating in the Defendant’s monetary issue, which is the Defendant’s birth, and drawing up the lower part of the Defendant.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the examination of the police officers of the accused;
1. The protocol of the police statement to E (the defendant and his defense counsel asserts that the defendant's drawing of the victim constitutes a justifiable act as an act to prevent the obstruction of the victim's business;
However, in full view of the developments and degree of the instant assault, in particular, whether the instant assault was committed, which is acknowledged by the evidence of the judgment, the Defendant’s act satisfies the requirements such as the reasonableness of means and methods, balance between the legal interests protected and the legal interests infringed, and complementary nature.
[5] Application of the statute
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;