Defendant shall be punished by a fine of KRW 1,500,000 (one million).

When the defendant does not pay the above fine.

Punishment of the crime

The defendant married on March 15, 2003 with the victim C(n, 36 years of age) and on March 15, 2003. On November 201, 2012, the defendant is currently in a separate state.

피고인은 2012. 11. 4. 18:00경 서울 서초구 D 402호(E건물) 피고인의 주거지 거실에서, 피해자가 헤어지자고 한다는 이유로 ‘니가 정신 차리려면 맞아야 한다’라고 하면서 손바닥으로 양쪽 빰을 2회 때려 피해자에게 약 21일간의 치료를 요하는 상세불명의 고막천공상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A medical certificate;

1. Recording records;

1. Application of Acts and subordinate statutes to a report on investigation (specific relation to the date of crime);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act that prescribe the punishment for the crime (including the point of injury, the selection of fines, the agreement with the victim, etc.);

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The Defendant asserts to the effect that the victim consented to the crime of injury.

2. In a case where the victim's consent was inflicted upon the spouse as in the instant case, even if the victim's consent was obtained, it cannot be an obstacle to the establishment of crime because it is obvious that the consent was in violation of ethical and moral social norms. Thus, the above assertion cannot be accepted.

Public Prosecution Rejection Parts

1. 공소사실의 요지 피고인은 2012. 9. 하순 02:00경 서울 서초구 D 402호(E건물) 피고인의 주거지 안방에서, 피해자의 남자관계를 의심하며 언쟁을 하던 중 갑자기 오른손바닥으로 피해자의 왼쪽 빰을 1회 때리고, 피해자의 머리를 1회 때려 폭행하였다.

2. The case is a crime falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the express will of the victim under Article 260(3) of the Criminal Act.

However, according to the agreement received by this court on June 14, 2013, the victim on June 13, 2013.