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

On February 3, 2018, the Defendant: (a) around 15:07, around 15:07, in front of the New Airport in Gyeyang-gu Incheon Metropolitan City, the Defendant committed assault by putting the victim’s bat around 15:0, on the ground that the Defendant, who was the president of the C cafeteria in Gyeyang-gu, was in dispute with D, and the victim E (54 years of age) was said to have been fat, and became a Sifat, and caused the physical fighting.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Each protocol of suspect examination of the police against E or F;

1. A report on internal investigation (on-site search and verification of CCTV images);

1. CCTV CDs (the defendant and his defense counsel did not catch a victim's bat, and even if he did not play a bat;

This argues that the illegality is excluded because it is a passive resistance act to escape from the violence of the victimized person and is a legitimate act.

According to the above evidence, it can be sufficiently recognized that the defendant assaulted by breathing and smuggling of the victim.

In addition, in light of the background leading up to the Defendant’s assaulting the victim, and the fact that the Defendant led to the victim regardless of the custody of the victim, such an act by the Defendant was committed not by passive resistance against the victim’s attack but by the intent of attack in the process of fighting, and thus, it cannot be deemed that such act constitutes a legitimate act or a legitimate defense.

Therefore, the above assertion by the defendant and defense counsel is without merit.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;