Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

On November 3, 2016, around 08:50 on November 3, 2016, the Defendant assaulted the victim D (the 77 years of age) who was the president of the senior citizens' body, on the ground that he was unable to breadbbly brought by the Defendant in the senior citizens' body located in Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witnesses D and E to the Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel's assertion on the argument of the defendant and his defense counsel under Article 186 (1) of the Criminal Procedure Act asserts that "the defendant and the victim set a breath problem, but the victim tried to affix the defendant's breath by hand, and the defendant's body was sealed by arms, and thus the defendant's act is justified as it constitutes a legitimate defense."

However, there is no evidence to prove that the injured party had the defendant put his arms as alleged above. On the other hand, in light of the circumstances and contents of the defendant's assault recognized by the evidence of the judgment, it is difficult to view that the defendant's act constitutes a legitimate defense.

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