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 March 30, 2018, at around 20:05, the Defendant: (a) committed a dispute between the victim C (47 tax) and the vehicle parking at the Gangnam-gu Seoul Metropolitan Government B lending parking lot; (b) and (c) assaulted the victim by having flabed his bage.

Summary of Evidence

1. Statement by the defendant in court;

1. The witness C and D’s each legal statement [the defendant and his defense counsel] asserts that the damaged person goes out of the scene and attempts to flee, and the defendant's act of playing dubials for the victim to prevent this from escape constitutes a justifiable act that does not violate social norms.

The phrase “act which does not contravene the social norms” under Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether a certain act is justified as a legitimate act that does not violate the social norms, and thus, it should be determined individually by considering the specific circumstances. Thus, in order to recognize such a legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2005Do9396, Apr. 13, 206). In this case, the circumstances recognized by the court lawfully adopted and investigated by the evidence, namely, (iii) whether the victim took a bath about parking problems and the defendant; and (iv) whether the police officer took part in a mistake or clerical error outside the place of residence; and thus, the police officer could have claimed damages.