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Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On August 21, 2012, at around 00:45, the Defendant assaulted the “Yongbuk Children’s Park,” in front of the “Yongbuk-dong 1335-1, Yongsan-gu, Gwangju, by the victim C (38 years of age) who was operating a passenger car owned by the Defendant on behalf of the Defendant, by walking a phone to a proxy driving company under the influence of alcohol, and expressed a desire to walk the phone to the destination, and by driving the vehicle on behalf of the Defendant, the victim’s shoulder and arms, etc. from the head of the passenger vehicle operation to his hand, and the victim suspended the operation of the vehicle, resulting in the decline of the victim’s bridge by getting off the vehicle.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Application of Acts and subordinate statutes to an investigation report (a written confirmation of fact);
1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;
1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse
1. The Defendant asserts that the victim, who is a substitute driver, made a resistance by walking a phone to a driving company acting on behalf of the victim bypassing his destination. In this case, only the victim suspended the operation of the victim himself/herself and assaulted himself/herself due to provoking, and he/she did not assault him/her as stated in the facts constituting a crime.
2. In other words, the following circumstances acknowledged by the evidence at the time of the judgment, i.e., (i) the victim, while driving a vehicle of the victim from the police to the court at the time, consistently with this Court, stated that the victim stopped the vehicle at the time of his/her own time when she gets off his/her vehicle while taking the vehicle at his/her own time, and then the defendant was defended by a provoking that he/she was able to get off his/her vehicle at the time of his/her own time when she gets off his/her vehicle at the time when she got off his/her vehicle from the train. The victim's statement is not only concrete about the motive and process of the Defendant's assault.