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Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
On November 11, 2016, around 15:10 on November 15:10, 2016, the Defendant: (a) committed assault on the part of the victim’s spawn, using a wheel chairs, on the other hand, on the part of the victim E (20) who was working to move a container stored therein in Seongdong-gu Seoul Metropolitan Government, to the outside.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes governing mobile phone filmings;
1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;
1. Articles 70(1) and 69(2) of the Criminal Act concerning the custody of the workhouses [the defendant and his defense counsel asserted that the crime of this case was not intentional but negligent. However, according to the video taken by a mobile phone, the above assertion cannot be accepted in light of the following: (a) the defendant moved the wheelchairs of the former; (b) the electric wheel chairs of the defendant and the victim faced with each other and stopped; (c) the defendant does not seem to have a warning photograph; (d) the roads moving the electric wheel chairs do not seem to face with the victim by negligence; and (e) if the defendant faced with the victim by negligence, the road moving the electric wheel would have faced with the victim by negligence, and (e) the defendant would have faced with the death immediately after facing the accident; and (e) the fact that the victim only called “non” to the victim after facing the defendant.
The sentence shall be determined as ordered in consideration of the sentencing conditions shown in the trial of this case including the fact that the victim's damage for the reason of sentencing seems to be minor and the defendant has a record of criminal punishment for the same kind of crime.