When the defendant does not pay the above fine, five days shall apply.

On January 17, 2020, at around 22:50, the Defendant used the victim’s head debt in C (at around 49 years of age) against the victim’s head debt in C (at around 22:50, the Defendant used the victim’s head debt and used the trace of the victim’s head debt.

Summary of Evidence

1. The defendant asserts to the effect that the video materials of the police interrogation protocol on the defendant's partial statement D [the defendant acknowledged the victim's head collection as stated in the facts charged of this case, but this constitutes a legitimate defense, which is aimed at setting up against the victim's unlawful assault.

However, according to the above evidence, the above act of the defendant was committed during a series of mutual rupture and caused the other party's act of violence, and furthermore, even according to the defendant's statement, there were many persons who were the defendant at the scene of the case at the time, and thus, the assault against the victim was not inevitable for getting out of unfair violence.

Therefore, the above act of the defendant does not constitute a legitimate defense.

[Determination] Application of the statute

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selecting a penalty, and selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act (amount of money converted to a workhouse: 100,000 won a day);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that although the defendant's act constitutes a crime of assault by law, the defendant has committed an act of assault with the victim during the course of committing a non-discriminatory assault from his/her act, and it can be considered in light of the circumstances of crime.

The defendant is the first offender.

In addition, all the sentencing factors shown in the trial process of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered.