Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

On July 14, 2017, around 21:20, the Defendant assaulted the Victim C (64) and sewage construction work before Guro-gu Seoul Metropolitan Government, with his hand at one time, the Victim’s her buck, and the Victim’s her mack with plastic pipe in the surrounding area twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to whether a public prosecution under Article 334(1) of the Criminal Procedure Act is dismissed, the facts charged in the instant case fall under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Procedure Act.

In such a case, the injured person has expressed his wish not to punish or withdrawn his wish to punish.

In order to be recognized, the victim’s true intent should be expressed in a way that enables clear and trust (see, e.g., Supreme Court Decision 2001Do1809, Jun. 15, 2001). According to the record, the Defendant, on September 13, 2017, submitted an agreement between the two parties and submit such agreement.

“The facts submitted to this Court on October 19, 2017 after drawing up a written agreement to the effect that “” is recognized.

However, according to the defendant's legal statement and witness C's testimony on September 13, 2017, when the defendant tried to reach an agreement with the victim on September 13, 2017, he was aware that the amount of the agreement would be KRW 1.5 million, and he was 1.5 million, and he did so to the victim, and he did so first, and the victim was able to write a written agreement, and he was able to recognize the fact that he was brought to the house without being able to reach an agreement (the defendant stated in this court that he paid 1 million won to the victim with the agreed amount).