Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

피고인은 2014. 08. 26. 22:30경 화성시 C에 있는 'D' 사거리 앞 노상에서 피해자 E(29세)가 운행하는 차량 뒤에서 오토바이를 타고 운행하던 중 피해자가 차량을 느리게 운전한다는 이유로 "이 씨발새끼야, 이 병신새끼야, 이 개쌔끼야 너 한국말 할 줄 알지 ", “미국에서는 뻐규를 이렇게 하냐 한국에서는 이렇게 한다.”라고 하면서 손가락 중지를 올리고 주먹을 쥐어 주먹을 얼굴 쪽으로 올리면서 피해자의 얼굴에 침을 뱉어 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on legal statements of E;

1. Relevant legal provisions of the Criminal Act and Article 260(1) of the Criminal Act regarding the crime, the choice of a fine (including the fact that the defendant is under suspended execution, or the victim seems to have induced the crime of this case, and the degree of assault is relatively heavy);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel on the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that spits or spits were not contacted with the victim because they were spits or spits far away from the victim at the time.

However, in full view of all the following circumstances acknowledged by the records of this case, namely, the statement of the victim that the Defendant spits the face of the spits is consistent, the defendant and the victim had a serious dispute over the problem of operation at the time, and if the Defendant spits the spits, if the spits the spits were at a distance from the victim, it would be deemed that the Defendant would not have any reason to spits the spits the spits, the above assertion cannot be accepted.