Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The criminal facts were partly revised according to the facts acknowledged within the extent that does not actually disadvantage the defendant's exercise of his/her defense right.

On August 8, 2016, around 19:50, the Defendant: (a) called the victim D, who drive away from the way that the Defendant was drinking in Busan Jung-gu C’s house B, 101; (b) called the victim D, “it would be too difficult to fright,” and (c) brought an assault against the victim’s assault, which led to a conflict with each other; (d) the victim’s fighting was carried out; and (e) the victim’s fighting was carried out; and (e) the victim’s belbow with his arms and her belbro, and booms at the times.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Part of the protocol concerning the interrogation of the suspect against the defendant [the defendant and his defense counsel did not have any fact when the defendant had committed any crime against the victim, and only sealed both arms of the victim;

However, according to the evidence of the court below, the defendant's crime of this case is at the same time a defense against the victim's attack and at the same time an attack against the victim's legal interests. Thus, the defendant's crime of this case does not constitute a legitimate defense, since the defendant's crime of this case does not constitute a case where there is a considerable reason as an act to defend against the current infringement of his legal interests.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the primary offender, the background of the occurrence of the instant case, and other similar cases.