Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The Defendant is a person working as security guards in Pyeongtaek-si Co., Ltd. under the jurisdiction of Pyeongtaek-si B, and the victim E ( South and 46 years old) is an employee of the above company, who is in charge of the management and entry in the guard room together with the Defendant.

On January 10, 2018, at the expense room of the above company around 10:00, the Defendant heard a request from the injured party to reduce radio sound, while hearing the radio, and then lowered the glass above on the fence that the injured party was seated, and caused assault to the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. 사진 [ 피고인은 책상 위 유리를 망치로 내리친 사실은 있으나, 파편이 피해자 몸에 튄 사실이 없고 그럴 만한 상황도 아니었으므로, 이러한 피고인의 행위는 피해자에 대한 폭행이 아니라는 취지로 주장한다.

In the crime of assault, the crime of assault means the exercise of physical force against a person, and thus it does not necessarily require a physical contact with a person of the victim. As such, if a person was to display or throw away a hand or thing as the victim might fright close to the victim, such act constitutes an exercise of unlawful tangible force against the victim (see Supreme Court Decision 2008Do4126, Jul. 24, 2008, etc.). According to the evidence above, the security room where the defendant and the victim work together with the victim is situated in the face of the defendant and the victim's book, and the defendant's radio was changed to the victim while the victim was seated on the back of the day of the instant case, and the defendant was found to have been frighted on the back of his/her string and immediately adjacent to his/her string on his/her string on the string on the string on the string on the back of the victim's body.

The defendant's act is intentionally a victim.