1. The defendant shall be punished by a fine of 300,000 won;

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

Punishment of the crime

On October 30, 2015, around 13:30 on October 30, 2015, the Defendant assaulted the victim E (31) who is a customer employee in the front of the D Marart located in Eunpyeong-gu Seoul Metropolitan Government, by pushing the chest of the victim E (31).

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a investigative report (including screen pictures recorded in a frequency CDs);

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. As to the assertion by the Defendant, etc. under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant’s defense counsel did not receive the signature on the family check issued by the Defendant on the account book, and thereby inflicted a tangible force to recover the family check, which does not violate the self-help or social rules, and thus does not constitute a crime of fraud.

The argument is asserted.

Criminal Code 'self-help'

“In a case where it is impossible to preserve a claim by legal procedure, it refers to an act to avoid the impossibility or significant difficulty of the exercise of the claim (see Article 23(1) of the Criminal Act). It is recognized only when there is an urgent situation where it is not possible to take public relief due to the place or time relationship, even if it is based on the public means on the last day and later there is no time to take public relief.” “act that does not violate social rules” under Article 20 of the Criminal Act refers to an act that is permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and it is reasonable to consider whether certain act is a legitimate act that does not contravene social rules and that the illegality is excluded.