Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

On October 8, 2017, around 18:30, the Defendant, at the end of the horse market located in 97 in Gwangju Northernbuk-gu, having the Defendant cut off the Defendant’s left door of the Defendant’s automobile from a passenger car on the ground that the Defendant was able to drive the vehicle and drive the vehicle in this market inside the victim B (56 aged). On October 8, 2017, the Defendant assaulted the Defendant during a verbal dispute with the Defendant, and assaulted the victim several times.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect B of the police;

1. B written statements;

1. The defendant's act constitutes a legitimate defense or a legitimate act in the course of internal investigation (related to the attachment of photographs by assaulting the defendant, sponse video CDs and caps) / The defendant's act is alleged to the effect that the injured person first assaults the victim to defend the defendant by assaulting the defendant.

However, considering all the circumstances, such as the time when the defendant, who was aware of after considering the evidence in the judgment, committed the crime of this case beyond the limit of passive defensive act and was adequate in light of social norms, when the defendant committed the assault against the victim, situation at the time of the assault, and method and degree of the assault committed by the victim.

It is difficult to see it.

In addition, it is difficult to see that the defendant's act constitutes an act that does not violate social norms.

Therefore, the Defendant’s crime of this case cannot be deemed as a legitimate defense or legitimate act.

We cannot accept the Defendant’s argument

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. The order is issued in consideration of the following: (a) there are circumstances that may be considered in the motive of the instant crime, such as where a person under the influence of alcohol in the grounds for sentencing under Article 334(1) of the Criminal Procedure Act leads to the Defendant and the Defendant’s mother in advance, thereby leading to the instant crime; and (b) the degree of assault exercised against the victim is not much serious.