A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On November 21, 2016, at around 23:15, the Defendant committed assault, such as flabing the victim E (42 taxes, south) and vehicle traffic problems before the victim E (D convenience stores) and flabing down on the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel asserts that since the defendant was assaulted by the injured party, the act as stated in the facts of crime was committed in order to avoid it and leave the place, it constitutes a legitimate defense or a legitimate act.

2. In a case where either of the parties makes an attack first and the other party makes an attack against it, such attack has the nature of an attack at the same time as it is a defensive act (see Supreme Court Decision 2000Do228, Mar. 28, 2000). In this case, the Defendant and the victim made a assault, such as flabing the bomb, etc., when the Defendant and the injured were in dispute with each other. As alleged by the Defendant, the Defendant, as against the attack of the victim, was supbling and supleting the victim by setting up against the attack of the victim.

Even if this is a defensive act, it cannot be said to constitute a legitimate defense or a legitimate act, since it has the nature of an attack at the same time.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

In full view of the motive and background of the crime of sentencing, the degree of violence, and the scope of sentence in similar crimes, etc., the punishment shall be determined as per the disposition.