Defendant shall be punished by a fine of one million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Punishment of the crime

At around 07:50 on April 2, 2016, the Defendant: (a) sought to the victim E (57 years of age, female) who is a cook, on the ground that, within the restaurant of the C Care Center located in the East Sea at C Care Center; (b) around 07:50 on April 2, 2016, the Defendant assaulted the victim’s chest by drinking to the left hand.

Summary of Evidence

1. Legal statement of witness E and F;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. On the day of the instant case, the Defendant’s assertion on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act was merely a reply that the preparation for a brusium would be delayed, and there was no brusium or assault on the part of the Defendant, and there was physical contact in the course of a domestic claim.

Even if this constitutes self-defense against the victim's act of attack, the defendant is not guilty. However, according to each of the above evidence duly adopted and investigated by this court, it is recognized that the defendant committed an assault against the victim on the day of the instant case, and this constitutes an affirmative attack against the victim. Thus, the above argument by the defendant is rejected.

In full view of the reasons for sentencing, the attitude of the act of assault in this case, the degree of substantial damage to the victim, and the fact that the victim did not have been used until now, the necessity of strict punishment against the defendant is observed.

However, due to the principle of prohibition of disadvantageous change that applies to formal trial cases, the penalty more severe than the summary order cannot be imposed. Therefore, the amount of fine under the summary order shall be maintained as it is.