On December 30, 2017, the Defendant, in front of the “C” drinking house operated by the Defendant on the third floor of the building B in Changwon-si, Changwon-si, the victim D and the drum, caused a dispute over the victim’s ownership, and assaulted the victim by drinking her baton with his her baton.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Voluntary accompanying report [The defendant's act is deemed to have the nature of the defendant's act as an attack beyond the passive limit of defense in light of all circumstances such as the cause, circumstance, and situation of the occurrence of a case acknowledged by each evidence duly adopted by the court and examined evidence, and the degree and contents of the assault committed by the defendant, and it shall not be deemed that the defendant's act constitutes a legitimate defense or a legitimate act falling under a socially reasonable ground for the exclusion of illegality for the purpose of defending the victim's unjust attack.]

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. A fine not exceeding 300,000 won to suspend the sentence;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: one hundred thousand won);

1. Article 59 (1) of the Criminal Act (including the first offender, the circumstances leading to the crime, the details of the crime, the degree of damage, etc.);