폭행
Defendant shall be punished by a fine of 300,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
The defendant and the victim C are those who drive on behalf of others.
On August 15, 2016, the Defendant, at the entrance of the E restaurant located in Do, from the victim to receive the victim and his substitute customer on his/her own, committed assault, such as bucking, spacking the right side of his/her head into the floor of hand, tearing the breath, etc., against this, and assaulting the victim’s spacks by spacking him/her on his/her hand at the entrance of the E restaurant located in Do.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the interrogation of suspect C by the police;
1. CCTV images [In a case where it is reasonable to view that the victim's act was committed first with the intent of attacking one another rather than with a view to defending the victim's unfair attack, and that the victim's act was committed against it, it cannot be viewed as a legitimate defense or a legitimate act since it has the nature of attack at the same time (see Supreme Court Decision 2003Do4934, Jun. 25, 2004, etc.). Although the defendant asserted that the victim's act of attacked against the victim was merely a brut of the victim's attack, according to the evidence adopted and examined by this court, such as CCTV images, it is recognized that the defendant was committed first from the victim and the victim's act of attacked against it, and that it was merely an act for defending the victim's loss, and it is difficult to view it as a mere act for defending the victim.
Defendant’s assertion is not accepted, but such circumstance shall be considered as an element for sentencing.
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;