Text
Defendant shall be punished by a fine of KRW 400,000.
If the defendant fails to pay the above fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
The defendant is a person who runs his own business, and is the trust of the D church.
On June 18, 2017, at around 08:50, the victim F, who was a dispute before the D church settlement in Gangnam-gu Seoul Metropolitan Government, had the victim F, in order to enter the D church, put the victim's arms to the church, put the victim's arms to the center, let the victim go beyond the center, and continued to catch and assault the victim's arms.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Cinematographic file drive related to the case;
1. Five copies of the photograph related to the case [the defendant and his defense counsel may sufficiently recognize that the defendant had an intention to do negligence or assault in light of the victim F's statement at the investigative agency and this court, the video files related to the case, the photograph related to the case, etc.]
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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant's defense counsel asserts that the defendant's defense constitutes the defense of a political party due to the defense of the defendant's or the general nature of the defendant's or the victim's illegal attack against the obstruction of worship of the D church or the victim's unlawful attack and the measure of avoiding the fire that
In full view of the following: (a) the relationship between the Defendant and the victim recognized by the record; (b) the internal conflict between the members of the D church at the time; (c) the background and process leading to the instant crime; (d) the method and degree of the Defendant’s assault; and (e) the victim’s behavior, etc., it is difficult to regard the Defendant’s act as a passive defense to escape from an unreasonable invasion;
Since it appears, it cannot be viewed as a legitimate defense.
2. The defense counsel of the defendant shall be as much as the defendant intends to help the members of the D church.