A. In fact-finding, the Defendant committed an act to stop and stop the vehicle while preventing one’s own departure and driving down the vehicle, and repeating the act. As such, there is no intention to assault the Defendant.

B. According to the misapprehension of the legal principles, where a vehicle is towed due to a violation of the Road Traffic Act, the vehicle shall be returned first, and then documents stating the amount, time limit, and place shall be delivered to the driver. Since the victim prevented the defendant from driving in violation of the procedures for imposition and collection of towing fees for vehicles violating the Road Traffic Act, the act of assaulting the victim constitutes self-defense or legitimate act.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. 1) The Defendant asserted the same purport as the grounds for appeal in the lower court, and the lower court acknowledged the fact that the Defendant was assaulted by several methods while driving the vehicle, and recognized the fact that the Defendant could compromise the victim of his vehicle by taking account of the dialogue between the Defendant and the victim at the time and the progress of the vehicle. 2) The lower court and the lower court duly adopted and investigated the evidence reveals the following facts.

① On May 28, 2019, around 15:45, the Defendant tried to launch the Defendant’s vehicle towed to “C towing vehicle storage facility” located in B.

② Since the victim did not have a breaker at the “C towing vehicle storage facility”, the victim demanded towing fees, etc. from the Defendant’s vehicle direction to drive without paying towing fees, etc., and prevented the Defendant from driving.

(3) The defendant started to stop the defendant from driving his/her motor vehicle.