Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On November 16, 2012, around 10:35, the Defendant committed assault against the victim, such as: (a) the Defendant, who reported that the Defendant was taking a video photographed within the Cridge in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) the Defendant, who received a fine on the day of insulting the victim; (c) the Defendant stated that “the Defendant was liable to a fine of KRW 500,000,000,000,” and that “the Defendant was liable to a fine of KRW 500,000,000.”

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Complaint;

1. Application of the Act and subordinate statutes to video CDs (Investigation Records 17 pages);

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts to the effect that the defendant's act constitutes a justifiable act that does not go against the social norms, since the victim's act was committed in the course of blocking the victim's unlawful act by photographing the defendant in a video camera without the defendant's consent, and thus, the defendant's act constitutes a justifiable act that does not go against the social norms.

2. The "act that does not violate the social rules" under Article 20 of the Criminal Code refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate the social norms, and the illegality of which act is excluded should be determined individually, based on specific circumstances, and under specific circumstances, it should be determined individually. In order to recognize such a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected benefit and infringed benefit, the fourth urgency, and the fifth other acts.