A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On June 24, 2014, the Defendant was sentenced to six months of imprisonment with prison labor by the Changwon District Court, and the judgment became final and conclusive on October 18, 2014.

피고인은 2013. 10. 15 22:00 경 경남 창원시 의 창구 C에서, 옆집에 찾아 온 피해자 D(38 세) 가 출입문을 흔드는 등 시끄럽게 하였다는 이유로 이에 화가 나 주먹으로 피해자의 빰을 1 차례 때려 폭행하였다[ 법원은 심리의 경과에 비추어 피고인의 방어권 행사에 실질적인 불이익을 초래할 염려가 없다고 인정되는 때에는 공소장이 변경되지 않았더라도 공소사실의 동일성이 인정되는 범위 내에서 직권으로 공소사실과 다른 범죄사실을 인정할 수 있다.

The facts charged in this case as indicated below include the facts constituting the assault within the same scope, and in light of the process of the trial of this case, the punishment of the defendant as the crime of assault does not pose a substantial disadvantage to the defendant's exercise of his right of defense. Thus, the defendant is guilty of the reduced facts without changing the indictment ex officio.

1. Statement by the defendant in court;

1. Statement of the defendant in the third public trial records;

1. Legal statement of witness E;

1. Statement made by the police against D or E;

1. Previous convictions as stated in the judgment: Application of the investigation report (Attachment of the final and conclusive judgment), the Changwon District Court 2014 High Order 1088 High Order 1 copy of the sentence, 2014No 1470 of the sentence 1 copy of the sentence;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It is recognized that the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the criminal records of a series of fines, have been punished several times for various crimes.

However, the extent of the assault is relatively minor, considering the circumstances favorable to the defendant, and the first head of the ruling.