Text
Defendant shall be punished by a fine of KRW 500,000.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
On June 2, 2017, at around 13:00, the Defendant used the victim B in his arms at the entrance of Yeongdeungpo-gu Seoul Metropolitan Government 311 (Seodong-dong), and used the victim B in his hand, and used the victim B in his hand.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against B;
1. Application of the Acts and subordinate statutes to a investigative report (investigation into the video), or to take a photograph of a damaged photograph in the video;
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. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act
1. The Defendant asserts that the Defendant’s act was merely a minor physical contact and did not reach the stage of the assault.
The crime of assault under Article 260 of the Criminal Act refers to the exercise of physical or mental harm to a human body, and it does not necessarily require any contact to a victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, existence and degree of pain inflicted on the victim (see, e.g., Supreme Court Decisions 2000Do5716, Jan. 10, 2003; 2008Do4126, Jul. 24, 2008; 2009Do6800, Sept. 24, 2009; 2016Do9302, Oct. 27, 2016). In light of such legal principles, the act of assault by the defendant against health and health, as well as the act of selling it to the victim under Article 260 of the Criminal Act.
2. As to the assertion of a justifiable act, the Defendant shall find out the defects of the members of the so-called church reform council who want to intrude into the church without permission due to disputes between the members of the sexual church, and between them.