A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 23:50 on June 22, 2019, the Defendant: (a) filed a dispute over the parking zone designated by the victim C (the age of 87) in the B underground parking lot B around 23:50, and parked the vehicle, and (b) brought the victim’s chest at the right shoulder one time; (c) thereby, the victim was inflicted with drinking face from the victim; (d) the victim was frighted with the chest part of the victim’s chest part, fright over 3-4 meters; and (e) got the victim back, the victim was frighted under the part of the victim’s chest part over 8 weeks in need of medical treatment.

Summary of Evidence

1. The defendant's written diagnosis of partial statement injury of the defendant and his argument on the CCTV video CD defendant's assertion is acknowledged that the defendant suffered assault, such as assault as stated in the facts charged, and led the victim to go over one to two meters, and exceeded the smuggling floor. However, this is argued to the purport that the defendant's assertion that the defendant goes beyond the floor of the victim's car because it occurred in the process of avoiding the victim's assault in the situation where the victim's face part is not secured properly by assaulting the victim's face part and the view of the victim's face is not always anticipated. It was done to avoid unfair violence, and thus, it constitutes self-defense or excessive defense.

2. Determination

가. 앞서 든 증거에 따르면, 피고인은 이 사건 당일 피해자와 피해자가 피고인의 지정주차 자리를 넘어서 주차를 한 문제로 말다툼을 하다가, 23:40:34(CCTV 기준 시각, 이하 모두 같다) 오른 팔로 피해자의 가슴과 목 부분을 1회 밀어 폭행한 사실, 이에 피해자는 23:40:40 피해자의 왼쪽 얼굴 부위를 향해 오른 주먹을 휘둘렀고, 피고인은 왼손을 주먹 쥔 채 뒷걸음질로 이를 피하였고, 계속하여 피해자는 오른손을 주먹 쥔 채 피고인을 따라 갔고 이어서 피고인의 얼굴 부위를 향해 여러 차례 주먹을 휘두른...