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

B around 17:00 on March 17, 2018, the Defendant, at around 17:00, displayed down the ground floor of the 쇠 pipe, which is a dangerous object, pending in the dispute over the construction of the steel fence of the victim C (48 tax).

The Defendant, as above, assaulted the victim by carrying a pipe, which is a dangerous thing.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. The defendant asserts to the effect that on-site photographs [the defendant is not a assault because he did not display a pipe, but did not display the victim with a view to the victim.]

However, the crime of assault refers to the exercise of physical force against a person's body, and it does not necessarily require any contact to the victim's body, and thus, in the case of an act to display or display a hand or an object as the victim may take a bath near the victim, it was not directly contacted with the victim's body.

Even if an unlawful force against the victim constitutes an assault (see, e.g., Supreme Court Decisions 200Do5716, Jan. 10, 2003; 2008Do4126, Jul. 24, 2008). According to each of the above evidence, in the situation where the Defendant and the victim were in dispute with the victim as a matter of the construction of a steel fence, the Defendant, in close vicinity to the body of the injured party, was hacker D, and the interval between the hacker and the victim was 5-60cm as above (this court).

(A) At the time, it is recognized that the wife of the defendant was at the time at the dispute.

Therefore, the defendant did not directly contact the victim's body.

Even if the above act of the defendant constitutes assault in the crime of assault, and in light of the situation at the time, the perception and intention of the fact that the defendant exercises the force to another person.