A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

On June 4, 2018, when the Defendant was coming from the strings of the C salesroom B in Gyeyang-gu, Youngyang-gu, Seoul around 12:30 on June 4, 2018, the Defendant appeared to have been present at the scene where the victim D (n, 17 years of age) was in conflict with his/her friendship, and the victim said that “the victim was frighting at the close of his/her horse and going into the house,” and the victim took 6 minutes of the victim’s face, knife the victim’s neck, and knife the victim’s neck.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police with respect to E and D;

1. Application of Acts and subordinate statutes on video recording for crime prevention;

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. At the time of the instant case, the gist of the assertion is that the Defendant merely spawn the victim’s face and spawn the victim’s face, and did not constitute “Assault” as stated in the crime of assault.

Even if such constitutes “Assault”, it constitutes “political act” that occurred in the course of speaking the victim’s fighting.

2. Determination

A. In the crime of assault prescribed in Article 260 of the Criminal Act, the term “Assault” refers to the exercise of tangible force against a person’s body (see Supreme Court Decision 2000Do5716, Jan. 10, 2003, etc.). According to the evidence mentioned above, it can be sufficiently recognized that the Defendant committed an act, such as assaulting the victim’s face at the time and at the place indicated in the judgment of the Defendant, and destroying the victim’s neck, etc.

It is clear that the above act by Defendant 1 constitutes a “Assault” as referred to in the crime of assault, which is an exercise of force against the body of the victim.

(b).