Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On November 23, 2017, at around 18:40, the Defendant changed the vehicle line without turning on the direction of the vehicle, etc. at the time of passing the road in front of the Hyundai-si Suwon-si, 1:1, 121, and Modle, and the Victim C (47 taxes, South, and North) left the vehicle on the side of the defective side of the defect, such as taking over the direction of the vehicle, etc., and then, the Defendant dumpeddddd and dumd the flap and dumd several times on the ground that the victim was her desire during the dispute.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. Investigation report (Investigation of black stay images);

1. Blucs CDs (the defendant and defense counsel did not assault the victim; and

This argues to the effect that it was a legitimate defense of the victim's desire, etc.

However, according to the black CD images, the defendant exercised tangible force, such as booming the victim's flaps and moving the victim's vehicle in the future, and the defendant's wife clearly revealed the appearance that the defendant's wife speaks, thereby recognizing the crime of assault.

In addition, to recognize any act as a legitimate defense, it should be reasonable to protect the current infringement of the protection of one's own or another's legal interests.

In addition, where it is reasonable to view that the perpetrator’s act was satisfyed with one another’s intent to attack the victim’s unfair attack rather than with a view to defending the victim’s unfair attack, and that the perpetrator’s act was committed against one another’s attack, it cannot be viewed as a legitimate defense since it has the nature of the act of attack at the same time as the act of attack (see, e.g., Supreme Court Decisions 2000Do228, Mar. 28, 2000; 2003Do788, Mar. 26, 2004). As alleged by the victim in this case, the victim expressed her desire to commit a violation of traffic order.

Even if at home, it is reasonable that the defendant's act of attacking and spabling the victim's bat to prevent the defendant's identification by exercising force is a new and active attack.