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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay a fine, the period of 10,000 won shall be converted into one day.
Reasons
Punishment of the crime
On January 5, 2017, the Defendant assaulted the victim by 2 to 3 times on the part of the victim’s hand, who was dissatisfied with the victim’s male and sexual intercourse F in the north-gu, Seo-gu, Seocheon-gu, Seocheon-si, Seocheon-si, and D, who was in front of the D, the victim E (the victim’s name, finite, and 28 years of age) bened at the event.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness E and F [the defendant and his defense counsel shall state to the effect that the defendant does not have any deficit of the victim.]
However, at the scene of criminal facts at the time, E and F related to the fact that the defendant took the victim's grandchildren two to three times, and the statement made in this court is consistent and detailed in accordance with each other.
It is judged that all the defendant's criminal facts are proven.
In addition, the defendant and his defense counsel asserted that the defendant's act did not exercise tangible power to the extent that it constitutes violence.
Assault as stated in the crime of assault means an exercise of physical or mental pain on a human body, and it does not necessarily need to be in contact with a victim’s body. The illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, mode and type of the act, existence and degree of suffering (see Supreme Court Decisions 2000Do5716, Jan. 10, 2003; 2008Do4126, Jul. 24, 2008; 2009Do6800, Sept. 24, 2009). The circumstance of the Defendant’s act written in the criminal facts, known as evidence of evidence, stated in the summary of evidence (see, e.g., Supreme Court Decisions 200Do5716, Jul. 24, 2008; 2009Do6800, Sept. 24, 2009>