The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On August 19, 2017, around 23:40, the Defendant assaulted the victim, i.e., the victim E (33 years old) who was driving a taxi in front of the gas station located in C, with a view to making the vehicle driven by the victim E (33 years old) prior to the operation of a taxi, due to the loss of time and the left face of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Two copies of the black booms video CDs [the defendant and his defense counsel are the fact that they were flobbling of the victim, but this was an act to defend the victim's assault;

The argument is asserted.

However, in full view of the situation at the time of the instant case, the degree of infringement inflicted upon the victim by the Defendant, etc., the Defendant’s act of assault against the victim constitutes an affirmative attack committed in the course of mutual dispute, and thus, the above assertion is rejected.

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. Penalty fine of 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (as at the time of the instant case, the Defendant was physically injured by assault from the injured person, received an agreement from the injured person in the relevant criminal case and agreed with the injured person, and only one criminal record of a fine that is relatively old to the accused. The details of the instant crime and circumstances before and after the instant crime, the age of the accused, sexual behavior, environment, etc. shall be considered