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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Around 07:00 on April 6, 2020, while the Defendant was carrying out logistics classification work within the warehouse No. C 15 located in Kimhae-si, Kim Jong-si, on the ground that he was faced with the victim D, the Defendant was able to catch the victim’s neck by hand.
Accordingly, the defendant assaulted the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Determination as to the defendant and defense counsel's assertion of the witness D's legal statement
1. The main point of the argument is that the Defendant intentionally faced with the shoulder and judged the victim. The victim was close to the Defendant himself/herself, and the Defendant was pushed down with the victim at the defensive level, but the victim was in a timely fashion.
The act of the defendant constitutes self-defense by the act at the defensive level.
2. The Defendant stated in the police that “The victim was faced with the Defendant’s shoulder, but the Defendant was only able to look at the Defendant, but rather, the Defendant was pushed back with the Defendant’s chest face, and the Defendant was satisfed with the Defendant’s chest, and the Defendant was satisfed with the Defendant’s chest.”
However, the defendant and the victim merely look at the face of each other in the logistics center, and even though the victim was faced with the defendant's shoulder and wrong, it is difficult to understand that the defendant returned to the police after leaving the defendant back to the defendant as he did, and reporting the defendant to the police as an assault.
In light of these circumstances, the victim's statement that meets the criminal facts is more reliable than the defendant's statement.
Therefore, the defendant and defense counsel's assertion cannot be accepted on different premises.
Application of Statutes
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;