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

On September 2, 2019, around 19:43, the Defendant used the victim's face with his/her left hand on the ground that he/she did not properly die even though he/she had been kneeed with a vinyl paper containing the victim D in front of the Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, on September 22, 2019.

Summary of Evidence

1. Partial statement of the defendant;

1. The police suspect interrogation protocol of the defendant as to D containing some statements among the police suspect interrogation protocol of the defendant;

1. Application of Acts and subordinate statutes, such as field photographs, photographs, field CCTVs, etc., CDs (CCTVs, etc.), 1, 2 USB 1, and 2 USB 1, including CDs, to file a criminal investigation report (D submitted film and video analysis), and to file a criminal investigation report (case processing and review of change in the rate);

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. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the defendant sold the victim's chest on the right side;

Although the above act of the defendant was written, it cannot be deemed that the act of the defendant committed an assault against the victim, and even if it constitutes an assault, the act of the defendant is dismissed as a self-defense or a legitimate act.

2. The crime of assault in the relevant legal doctrine refers to the exercise of physical tangible force against a human body, and therefore it does not necessarily require any physical contact with a victim, and thus, in the event of an act to display or throw away a hand or an object, as the victim may take a bath near the victim, it constitutes an assault as an exercise of unlawful tangible force against the victim even though it did not directly contact the victim's body;

(see, e.g., Supreme Court Decision 89Do1406, Feb. 13, 1990). Whether a certain act constitutes a legitimate act or self-defense as a ground for excluding illegality.