At around 00:00 on September 20, 2018, the Defendant tried to report 112 by using a telephone device located in a c karaoketer on the ground that he/she had engaged in illegal business, such as selling alcoholic beverages, etc. at “C singing practice room” located in Suwon-si B, Suwon-si, Suwon-si, but the victim D (the 23 years of age) who is his/her father/child, the said singing practice room business proprietor, spawns, and assaulted the victim’s grandchildren by taking the said knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E respective legal statements;

1. A protocol of partial police interrogation of the accused;

1. Each police statement made to D and E;

1. A written statement;

1. The Defendant denies the Defendant’s act of assaulting that he did not pluck up or pluck up his hand to prevent telephone conversations. The witness D and E’s each legal statement is a statement after a considerable long period from the date of the instant crime, and the witness’s statement is somewhat unclear, but the witness’s statement is consistent with the F’s investigation agency, which was dispatched to the scene at the time, and the statement is also consistent with the F’s statement at the time, and the Defendant’s statement also corresponds to the F’s statement and recognized the fact that the Defendant took one hand to restrain D. In addition, it is proved that the Defendant’s statement and the fact that the Defendant took hand to restrain D is used to apply the law of assault).

1. Article 260 (1) of the Criminal Act applicable to the crimes;

2. The Defendant’s assertion on Article 35 of the Criminal Act among repeated offenders argues that his act constitutes self-defense as an act to escape from the current unfair infringement that D does not put his/her own losses. However, the Defendant’s assertion is rejected on the ground that there is no evidence to acknowledge that the Defendant was an attack from D.

The reason for sentencing [the range of recommendations] the sentence of the same repeated crime is sentenced to the aggravated area (4 to 1 year and 6 months) of the first category (general assault).