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 April 19, 2015, at around 07:00, the Defendant: (a) reported that the male and the Defendant are disputing each other in the 'D' restaurant located in the 'D' restaurant, and, (b) mispercing the Defendant, the Defendant, who attempted to see it, committed assaulting the victim E (49 years of age) by misunderstanding the Defendant as dumping expenses, with his/her hand, at a lower part of the victim’s scam, and boomed the victim’s left part of the victim’s cump.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Statement made by the police for E;

1. Photographs of the victim;

1. Application of CCTV image CD-related Acts and subordinate 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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. 주장의 요지 피고인은 당시 피해자 E의 상체 부위를 1회 밀치고 그 과정에서 피고인의 손이 피해자의 왼쪽 빰에 살짝 닿은 적은 있으나, 이는 피해자와 그 일행인 F의 부당한 공격으로부터 벗어나기 위한 저항수단으로서 이루어진 행동으로 정당 방위에 해당하여 죄가 되지 않는다.

2. According to the evidence in the judgment, in particular, the CCTV video CD, which was recorded at the time when the defendant and F had been living in the opposite part of the defendant and F, while doing so, it is acknowledged that the victim, who was living in the opposite part of the defendant and F, had the defendant live in the defendant's arms immediately via the defendant's arms, and placed the victim's face. In full view of the following: (a) the course and method of the defendant's assault; (b) the part and degree of the assault; and (c) the situation at the time, the defendant's act cannot be deemed as merely a passive defensive act to escape from the other party's unfair attack, and thus, the above assertion by the defendant and the defense counsel cannot be accepted.