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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

피고인은 2012. 9. 8. 21:30경 평택시 C 내에서 별거 중인 처와 그 가족에게 이혼 및 차량과 휴대폰의 할부금 문제를 해결하자며 이야기를 하던 중 처의 동생인 피해자 D가 피고인의 부모에게 입에 담기 힘든 말을 하였다는 이유로 D의 허리부위를 발로 1회 걷어찼다.

As a result, the victim caused an injury to the part requiring medical treatment for a period of two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257 (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 Criminal Act for the detention of a workhouse;

1. Determination of the Defendant and his/her defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act and the grounds for sentencing

1. The defendant and his defense counsel asserted that only the victim took the defendant's father's arms with the defect of the victim's mind, and that there is no supporting part of the victim's body.

2. In light of the above, the defendant's statement is not reliable, while the defendant has consistently stated the situation, circumstance, damage level, and damage extent of the case since the investigation agency to the court, as well as the relation between the defendant and the victim, in light of the following: (a) although the victim was able to take care of the father of the defendant who is not the defendant, and tried to assault the father of the defendant; (b) although there is no reason to assault the father of the defendant who was not the defendant; (c) despite the fact that the defendant had received dental treatment as another assault case prior to the time of the investigation, he stated that he had never received dental treatment at all before the time of the police investigation; and (d) he made an exaggerated statement that he had several faces face from the victim.