Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On June 14, 2013, around 14:00, the Defendant assaulted the victim by 2 and 3 times in front of the victim D (Inn, 41 years of age) located in Seongdong-gu Seoul Metropolitan Government, due to food waste, while booming with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. As to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that the defendant did not assault D as stated in the facts charged of this case and even if so, it constitutes self-defense as a defensive act against D’s assault. However, according to the evidence examined above, the facts charged of this case is sufficiently recognized, and the defendant’s act cannot be seen as self-defense. Thus, the above assertion is rejected.