Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

1. 폭행 피고인은 2015. 4. 24. 06:20 경 경북 칠곡군 C에 있는 ‘D’ 편의점 앞 주차장에서, 위 편의점 종업원인 피해자 E(37 세) 가 그곳 화단에 원두커피 가루를 버리는 것을 보고 “ 야, 이 개새끼야, 거기 뭘 버리 노 ” 등의 욕설을 하고, 이에 피해자가 항의하자 손에 들고 있던 작업용 장갑으로 피해자의 뺨 부위를 1회 때렸다.

2. Special intimidation: (a) the Defendant, at the same time and at a place as above in paragraph (1) of the above Article, was threatening as the victim’s head head was fluored in the above brick, by putting the brick, which is a dangerous object, at the shoulder height of the Defendant’s shoulder.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of witness E, and legal statements of witness F;

1. Some statements made to the defendant in the protocol of interrogation of the suspect to the prosecution (including the E part of the statement);

1. Each police statement made to E and F;

1. Photographs [The defendant denies the crime of this case, but according to the above adopted evidence, such as witness F and the statement of victim E, it is sufficiently recognized that the defendant assaultsd the victim as stated in the crime of this case and threatened the victim with the wall that is a dangerous object.]

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act to attract the workhouses (whether or not the sentencing guidelines are applied) are chosen, so the sentencing guidelines are not applicable (decision of sentencing). The Defendant denies the overall fact of the instant crime, and did not receive a letter from the injured party.