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The sentence against the accused shall be determined as a fine of KRW 1,00,000 (one million).
When the defendant does not pay a fine.
Reasons
Punishment of the crime
On November 19, 2018, at around 16:30 on November 19, 2018, the Defendant demanded the victim to exchange the bread purchased by the victim in D stores operated by the victim C in the first floor of Seocho-gu Seoul Metropolitan Government B building, and the victim refused the defendant's request, and the victim was faced with the victim's face, and the victim was faced with the victim's head one time by reporting that the victim photographed the defendant with mobile phone camera.
Accordingly, the defendant committed violence against a human body.
Summary of Evidence
1. Part of the defendant's legal statement [Provided, That the fact that the defendant had bread (Provided, That the assertion that he/she had towards the floor was facing the floor];
1. Application of CCTV Acts and subordinate statutes;
1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the family payment order asserted that although the defendant had breabbb, unlike the facts charged, the defendant had been faced with the floor, and the victim was a justifiable act that does not violate social rules because it was a part of arms to cut off a cellular phone by intending to photograph a cellular phone.
However, according to the results of CCTV video examination viewed by the court, the defendant has been faced with the face of the victim, and the fact that he/she has taken the victim's head while intending to cut off his/her cell phone can also be recognized.
Defendant
Unlike the assertion, the Defendant was not a part of arms to cut off a mobile phone, but a part of the victim’s head by hand. Such an act is a criminal act deviating from social norms, and thus cannot be deemed as a justifiable act.
Defendant and defense counsel are not accepted.