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

On November 16, 2017, at around 13:30, the Defendant filed a request for auction against the Defendant’s home on the ground that the victim filed a request for auction against the Defendant’s home, and committed assault against the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police with regard to E (2 times, 2 times, 3 times);

1. On-site photographs (the defendant alleged that he was not a assault because he did not fit the victim at the time, but the crime of assault prescribed in Article 260 of the Criminal Act refers to the exercise of force to a person's body, and the act of throwing an article close to the victim did not directly contact the victim's body.

Even if there is an unlawful use of force against the victim, it constitutes violence (see Supreme Court Decision 89Do1406, Feb. 13, 1990). As long as the defendant was frighten with the victim, such act constitutes the crime of assault under the Criminal Act.

We do not accept the above argument.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;