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

On May 11, 2020, the Defendant: (a) 23:34, around Jung-gu, Seoul; (b) 23:36 years old, and (c) spited a dispute with the view to a change in the course of the victim C (the remaining and the age of 36) and the vehicle; (b) spits the Defendant once again, who was seated on the front left of the driver’s seat on the part of the Defendant’s vehicle; (c) spits the Defendant, spits the Defendant’s shoulder, spits the Defendant’s seat on his hand; and (d) spits the Defendant’s head debt on one-time face.

Summary of Evidence

1. A protocol concerning the examination of the suspect of a part of the defendant's legal statement, or a protocol concerning the examination of the suspect of a prosecution against C by a certain prosecutor;

1. The written statement of the defendant;

1. Application of the Acts and subordinate statutes governing CDs for black stuffs and CCTV images;

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 defendant and his defense counsel on the assertion of the defendant and defense counsel under Article 62(2) of the suspended execution of the Criminal Act asserts that the act of spiting spits is a passive act done in the course of defending himself while the act of spits was committed on one occasion against the injured party.

On the other hand, to recognize an act as a legitimate defense, it must be reasonable and reasonable to defend the current unfair infringement against one’s own or another’s legal interest. Whether an act of defense is socially reasonable should be determined by taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the act of infringement, method of infringement, the completion of the act of infringement, and the type and degree of the legal interest infringed by the act of defense (see Supreme Court Decision 2003Do3606, Nov. 13, 2003, etc.). In addition, to recognize a legitimate act, the legitimacy of the motive or purpose of the act, the legitimacy of the means or method of the act, the reasonableness of the means or method, and the third protection of the legal interest.