A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Punishment of the crime

On July 15, 2013, at around 22:45, the Defendant called the victim E (the age of 43) at the frontway in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, for a number of times to deduct the Fone Starex from the passenger car parked at that location.

Therefore, the victim expressed the victim's desire to "Chewing" to the victim late, and the victim expressed that "if in a foreign country, the victim would be able to live early," the victim committed assault against the victim, such as "the victim's body," "the victim would be able to see the accident, and the victim would be able to live early," and "the victim would be able to use the oil fright, carrying the oil fright, carrying it in the string of the driver's car, and then the victim would be able to fright off the body of the victim."

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. The Defendant and the defense counsel of CCTV at the site of the case asserts that although the Defendant has spread through the victim, it does not pose a threat to the victim by taking the rater out.

그러나 이 법원이 적법하게 채택하여 조사한 각 증거에 의하여 인정할 수 있는 다음과 같은 사정, 피해자는 ‘피고인이 기름을 뿌리고 라이터를 들이댔다’고 일관되게 진술하고 있는 점, 사건 당시 피해자가 윗옷을 벗고 도망가는 장면이 CCTV를 통해 확인되는데, 단지 경유가 뿌려졌다는 이유로 피해자가 위와 같은 행동을 취하였을 것으로 보이지는 않는 점, 피고인은 이 사건 발생 다음날인 2013. 7. 16. 카자흐스탄으로 출국한 점 등을 종합하여 보면 피고인이 이 사건 당시 범죄사실 기재와 같이 라이터를 꺼내 들었다고 판단된다.

Although the defendant's defense counsel asserts that the defendant's act constitutes self-defense or a legitimate act, even if the victim expressed the defendant's desire to do so and took the attitude that the defendant seems to be at the time, the defendant's act is beyond the extent of defense and is acceptable in light of social norms.