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

1. On November 201, 201, the Defendant assaulted the victim’s face three times with his/her hand when the victim refused it, at the C drinking house in the vicinity of the Seongdong-gu Seongbuk-gu Sungdong Station, Gyeyang-gu, Sungyang-si, and at the victim D (n, 48 years of age) of a person involved in internal affairs to return to the State.” However, the victim refused it.

2. Around April 2013, the Defendant insultd the victim by openly stating, “The Defendant is snicking, snicking, snicking, and snicking, snicking, snicking, snicking, and snicking, snicking,” at the E-type and inside restaurant in Gyeyang-gu F, Gyeyang-gu, Gyeyang-gu, and at the same place where the restaurant staff G is located.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness H in the third protocol of trial;

1. Each statement made to witnesses D and I in the fourth protocol of the trial;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 260(1) of the Criminal Act, Article 311 of the Criminal Act, the choice of a fine in regard to the facts constituting an offense, the choice of a penalty, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the maximum amount of each crime shall be aggregated) among concurrent crimes;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that this part of the prosecution should be dismissed, since the victim clearly expressed his intention that he does not want punishment to the investigation agency immediately after the instant case.

In order to recognize that the victim expressed his/her wish not to punish or withdraws his/her wishing to punish for a crime of non-violation of will, the victim’s genuine intent should be expressed in a way that is obvious and reliable (see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 2001). The withdrawal of his/her wishing to revoke or punish a complaint is a legal act against an investigation agency or a court, and such withdrawal is prior to prosecution.