Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

피고인은 2014. 11. 3. 02:50경 서울 광진구 C에 있는 D모텔 앞 도로에서 위 모텔 업주인 E의 신고를 받고 출동한 F지구대 경사 피해자 G(여, 38세)이 귀가를 하라고 하였다는 이유로 위 E와 그의 종업원인 H가 보는 앞에서 피해자에게 “너네 여기 뒤 봐주는 사이냐, 무슨 썸씽 있냐, 이 씨발년아”라고 큰 소리로 욕설을 하였다.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 311 of the Criminal Act concerning facts constituting an offense and Article 311 of the Selection of Punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On November 3, 2014, around 02:50 on the part of the Defendant, on the ground that the victim E (33 years of age) refused the victim E (33 years of age)’s request on the road located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant was snicking the victim’s flab.

Accordingly, the defendant assaulted the victim.

2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

Witness

According to the E’s legal statement, it can be acknowledged that the victim E expressed his/her intention not to be punished for the defendant after the institution of the instant prosecution.

Therefore, pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of assault among the facts charged in this case is dismissed.