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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
On August 31, 2016, around 11:50 on August 31, 2016, the Defendant assaulted the victim by pushing the victim D(74 tax) and the chest while he brought a dispute between the occupants in Seocho-gu Seoul Metropolitan Government.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statements made to D, E, and F and the police statements made;
1. The defendant and his defense counsel asserts that the CD [the defendant and his defense counsel are aware of the fact that the defendant has pusheded the body of the victim at the time of the instant case, which is an act to escape from the attack of the victim who was satisfing the defendant in his seat, without the intention of the assault, and it is unlawful as it is for the defense of the current infringement of his body's body.]
However, the above argument is acceptable in light of the following circumstances that can be acknowledged by evidence of the judgment, namely, the victim was closely pushed the part of the victim's own arms, was then pushed the part of the victim's chest, was then pushed the part of the victim's chest. The victim fighted with the defendant, and the victim was fighting each other's body, and the above act of the defendant was deemed to have been done with the expert opinion due to the victim's assault, and thus it is difficult to view that the above act of the defendant is an reflect act of the victim or constitutes a legitimate defense.
Application of Statutes
1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act concerning criminal facts, the selection of fines, and the selection of fines;
1. A fine of 300,000 won which is suspended for a sentence; and
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. Article 59 (1) of the Criminal Act (the fact that there is no criminal history exceeding the fine imposed on the accused, and the fact that the accused started with the assault of the injured party while the accused has prevented a verbal dispute between the occupants, etc.);