A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On October 21, 2018, around 19:30 on October 21, 2018, the Defendant and B were dissatisfied with each other on the grounds that the victim D (the age of 60) who was getting on and on a road near Guro-gu Seoul Metropolitan City and that they were able to take a bath for their driving.

The Defendant and B committed assault with one another, including those who are unable to know their names and those who are in his hand, and the Defendant was blicked with the wall, which is a dangerous object in their surroundings, and the Defendant blicked with the victim’s head, and blicked with those who are not able to know the name.

As a result, the Defendant carried dangerous articles and assaulted the victim D with a wound that flags in which the head flag could not know the number of treatment days, and flaged a person who could not know his name.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by witnesses D in the third protocol of the trial;

1. Each police interrogation protocol of the defendant against D, B, and the defendant;

1. Written statements prepared in D;

1. Investigation report (investigation of CCTVs at the scene of crime);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act (a point of special injury), Articles 261 and 260 (1) of the Criminal Act (a point of special violence), the choice of imprisonment with prison labor for a crime of special violence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination on the assertion of the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. The main point of the argument is the victim D and his behavior first committed an assault and assault against the victim D and others in the course of defending them. Thus, the defendant's act is justified as it constitutes self-defense.

2. Determination

A. In order to establish self-defense under Article 21 of the Criminal Act, the act of defense is socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of legal interests by the act of infringement, and the type and degree of legal interests to be infringed by the act of defense.