Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

The defendant and the victim C(79) are adjoining relationships that frequently meet in the elderly's home.

around 17:50 on August 4, 2017, the Defendant: (a) was taking a stop in the old apartment located in the Dongdong-gu Seoul Metropolitan City D apartment apartment located in the old apartment zone, and the Defendant, on the ground that the Defendant gave a stop, stated that the victim was “this stop”; (b) caused the stop, and (c) caused the stop to the victim’s face, and (d) caused the stop to the left part of the victim’s face.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A witness's statement;

1. Investigation report (to hear the statement from the counter party E-mail), investigation report (to investigate whether the victim actually was the victim's disease), and investigation report (to investigate whether the victim was the victim's disease) / Although the defendant has a fact that he/she had a friend disease towards the victim, the victim actually did not meet the victim;

The argument was asserted.

In such a case, “Assault” refers to the exercise of tangible force against a person’s body, and does not necessarily require any contact with a person of a victim.

Therefore, the act of placing or throwing a hand or thing as close to the victim did not directly contact the victim's body.

Even if an unlawful use of force against a victim constitutes an assault as provided in Article 260 of the Criminal Act (see Supreme Court Decision 89Do1406, Feb. 13, 1990). Ultimately, in this case, insofar as the defendant uses an illness, which is a dangerous object, and displays the face of the victim, there is no obstacle to the establishment of a special assault.

Application of Statutes

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the reason for the order of provisional payment.