A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant and the victim B(n, 32) are married couple.

피고인은 2019. 8. 28. 07:50경 나주시 C아파트 D호 피고인의 집에서 며칠 동안 혼자 아이들의 유치원 등하교를 시켜주었음에도 또다시 피해자가 혼자 출근하려 하는 것에 화가 나 피해자에게 이야기 좀 하자면서 피해자의 팔을 잡아챘고, 계속하여 피해자와 다투는 과정에서 피해자를 밀어 넘어뜨려 피해자로 하여금 약 2주간의 치료가 필요한 경추의 염좌 및 긴장 등의 상해를 입게 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A medical certificate of injury (Evidence Nos. 9);

1. 112 reported case handling table;

1. Application of each statute on photographs of damage;

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant’s act does not constitute an assault, given that the Defendant’s act does not constitute an assault, on the date and time stated in the above criminal facts, and on the part of the victim’s arms to attend school for dialogue with the victim.

B. After the defendant's act, the victim only returned to several hospitals in order to oversee his own injury and did not actually injure him as stated in the facts of the crime.

C. In the process of dialogue with the victim, the Defendant: (a) led the victim to the victim’s grandchildren; (b) took the victim’s grandchildren; and (c) the victim went beyond the victim’s dynamics; (b) thus, even if the victim actually sustained the injury, there was no predictability about the result.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court, the defendant is the victim as stated in the facts constituting the crime.