A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 25, 2017, around 15:30, the Defendant assaulted the victim’s chest with the right shoulder on the ground that the victim D( South, 46 years old) "Woo-gu B and C" on the front side of the YY-si B and C, Seoul (hereinafter referred to as the "C") was "a request to return another place."

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (ctv video submission);

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. Determination as to the legitimate defense of a party under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that his body is only a citizen in the future in order to avoid assault from the victim D, and that the defendant's act does not have any violence against the victim or constitutes a legitimate defense.

2. However, according to the evidence duly adopted and examined by this court, the fact that the victim first sealed the defendant's chest on the part of the defendant's chest and then pushed the defendant behind, and that the defendant shocked the victim's breast part on the right shoulder and shocked the victim's breast part on the right side, and can be recognized.

The Defendant’s act is rather than to defend the victim’s unjust attack, and it is reasonable to view that the Defendant’s act was satisfyed with one another’s intent to attack and satisfy against it.

In such a case of fighting, it cannot be viewed as a legitimate defense because it has the nature of the act of attack at the same time as the act of defense.

3. Therefore, the defendant's assertion is without merit.