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

Around 03:00 on July 23, 2017, the Defendant, at the 36th column of the parking lot of the 1st floor underground of the building of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Seoul, 2017, expressed the dispute between the victim D (57 years old) who is an acting engineer and the additional acting agent, and assaulted the victim's neck by hand.

Summary of Evidence

1. Partial testimony of witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. The defendant asserts that the victim's photograph (the defendant is a legitimate defense that the victim was sent first to the victim, the head of the victim was sealed on the chest, and the head was sealed on the chest, and that the victim was a legitimate defense.

However, it is difficult to see the victim's view as the attack against the defendant by leaving the head of the victim in mind and on his chest, and the defendant could escape from the situation even if he moves his body to the back of the driver's seat.

In addition, it is inevitable to see that the fastness of the victim's timber to the extent that the victim's name may arise is used beyond the necessary degree in order to remove the victim's head.

Therefore, we do not accept the defendant's assertion that it constitutes a legitimate defense.

Application of 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. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order does not constitute a legitimate defense. However, considering the fact that the victim has induced the Defendant’s assault, the degree of assault is not serious, etc., the sentence identical to the disposition shall be imposed.