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

On February 2, 2020, the Defendant was getting off from the 'B Village in the Dong-gu, Gwangju Metropolitan City on February 2, 2020, D private taxi operated by the victim C (ma and 54 years old), and became a vision for the payment of tolls with the above victim and circular road, and has a dispute.

In drinking, assaulted twice the body of the above victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. The defendant asserted that the act as indicated in the judgment in this case cannot be deemed as a assault in light of the circumstances and process leading up to the judgment on the argument of the defendant and his defense counsel related to the assault case. However, the assault in the assault crime under Article 260 of the Criminal Act refers to the exercise of unlawful tangible force against a human body, and its illegality should be determined by considering the purpose and intent of the act, the situation at the time of the act, the form and type of the act, the existence of suffering from the victim, and the degree of suffering (see, e.g., Supreme Court Decision 2009Do6800, Sept. 24, 2009). According to the evidence duly adopted by the court, the defendant 209Do6800, supra, reported the defendant to the victim, who is a taxi engineer, by going through a dispute, and reported the defendant to the 112, the defendant continued to do so, and the defendant's act can be admitted as the victim's body and his body as mentioned above.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;