Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

피고인은 2016. 6. 5. 22:35 경 대구 동구 금호 강변로 278 율 하 체육공원에서 아들인 B 이 전동 휠 운행 금지 구역에서 전동 휠 을 운행한 것으로 피해자 C(48 세) 과 말다툼을 하던 중 화가 나 피고인이 피해자의 멱살을 잡고 흔들어 넘어뜨리고, 주먹으로 피해자의 얼굴을 수회 때리고, B은 이에 가세하여 넘어져 있던 피해자의 허리와 다리를 발로 수회 걷어찼다.

Accordingly, the defendant assaulted the victim jointly with B.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. A protocol concerning the suspect B of the police;

1. Application of statutes, such as site photographs;

1. Article 2 (2) 1 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act (the choice of a punishment);

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

1. The defendant's judgment as to the defense of a political party or the assertion of a justifiable act under Article 334 (1) of the Criminal Procedure Act is alleged to constitute a legitimate defense or a justifiable act as an act to avoid the other party's assault and protect his family members. However, considering the circumstances acknowledged by the evidence of the judgment and the specific method of the defendant's assault, the defendant's decision has the nature of an attack beyond the minimum degree of defense that can be recognized as a legitimate defense, and it is not merely a passive defense act that does not violate social rules.

As such, it cannot be seen that it constitutes a legitimate defense or a justifiable act.

Therefore, the above argument is not accepted.