Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

At around 23:50 on July 14, 2017, the Defendant assaulted the victim C's body by putting the victim C's shoulder up to the roadside with the victim C (at the age of 42) at the front of Gangdong-gu Seoul, Gangdong-gu, Seoul, and then assaulting the victim D (30) and E(37) face of the victim who restrains the Defendant's body.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. A statement of investigation to the effect that an act of the defendant constitutes legitimate act or legitimate defense, in the event that the defendant is unable to be affected by an assault, such as when the victim D or E first takes the face of the defendant, and the face of the above victims is not sufficient;

However, in full view of the evidence of this case, the above victims abused the defendant first.

In addition, it is difficult to recognize the crime of this case, and considering all the circumstances such as the motive and background leading up to the crime of this case, and the method and degree of assault committed by the defendant to the victims, the crime of this case cannot be deemed as a legitimate act or a legitimate defense.

Therefore, 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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;