Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On April 15, 2019, at around 19:30, the Defendant requested that the Victim C (20 years of age) who was a victim of the Army would leave the military control zone after the sunset time.

이에 피고인이 “왜 쪼까 내노!”라고 말하는 것을 피해자가 무슨 말을 하는지 알아듣지 못해 “뭘 쪼가리노라고 말씀하셨습니까 ”라고 되묻는 것에 화가 나 착용하고 있던 천 모자를 벗어 피해자가 착용하고 있던 방탄모를 2번 치고 손으로 어깨 부위를 4~5회 밀치는 등으로 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. The written statement of the police against C (the defendant is guilty of the her mother who was off the her mother at the time of the instant case, but partially denied the Defendant’s crime that did not defise the victim’s shoulder by hand. In a case where the witness’s statement, including the victim, is consistent and consistent with the facts charged, unless there is any separate evidence to deem that there is no credibility from an objective perspective, it should not be rejected without permission (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim consistently from the investigative agency to this court, and the Defendant stated that her shoulder part was sealed 4 to 5 times by hand by the Defendant at the time of the instant case.

At the time, D, in this court, stated to the effect that the Defendant was able to check the victim’s name tag, and was scambling the part of the victim’s shoulder. According to this, it appears that the Defendant had contacted the victim’s shoulder with his/her hand.

When the defendant's act of putting clothes of the victim and scam is viewed from the perspective of the victim, the defendant is the victim's hand.