Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On October 8, 2017, at around 13:40, the Defendant assaulted the victim E (n, 51 years of age) and the victim E (n, 51 years of age) who was placed in front of the D restaurant located in Suwon-gu, Busan, and the victim’s face with his hand, and assaulted the victim’s head and shoulder with his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the video CD-related Acts and subordinate statutes submitted by the recipient E;

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 Defendant alleged that there was no assault against the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, which appears to the effect that there was no bruption in the first place at the time when they face E and E.

그러나 이 사건 공소사실은 피고인이 E와 부딪힐 당시 또는 직후의 상황에 대한 것이 아니라, 그 이후 피고인이 E를 계속하여 � 아 가면서 폭행한 점에 대한 것인바, 이는 위 증거에 의하여 충분히 인정된다.

In addition, the defendant asserts to the effect that there is no illegality because it constitutes a legitimate act to prevent E from leaving off until the time when the party defense or the police officers come, as a defensive act to oppose E’s violent events.

According to the above evidence, in particular, video CDs, the fact that the defendant and E are faced with each other, and the fact that the defendant and E are faced with each other immediately after that, can be acknowledged.

However, in the meantime, the Defendant, while driving away from E for a considerable time, could recognize the fact of assaulting E with clothes or hands, and even if he did not undergo assault from E, he cannot be deemed as a legitimate defense, as long as he exercised a tangible force.

In addition, the situation in which one trade name was improper and the degree of damage at that time is not significant.