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 September 3, 2020, in the vicinity of B building C in Yangyang-si, the Defendant assaulted the victim's fnife at one time due to the suspension of fnife with the victim, on the ground that the victim D ( South, 52 years old) who is the neighboring party of the Defendant has accumulated personal goods in the public space, such as the above building parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. On-site photographs (the defendant asserts to the effect that the facts of this case are recognized, but constitute legitimate acts or legitimate defense.

However, even if the defendant's assertion is based on the defendant's argument, the defendant who voluntarily withdraws his attitude that seems that the injured person will take the bath to the defendant and caused the defendant to be pushed down against it (the summary of his oral argument on November 17, 2020).

2. E. As can be seen, in a case where a person was satisfyed with one another’s intent of attack and became satisfyed against one another’s attack, that person’s attack is at the same time a defensive act, and at the same time an attack is one of the defensive acts, and thus does not constitute a legitimate defense (see Supreme Court Decision 2000Do228, Mar. 28, 200). Such an act does not constitute an act that satisfies the requirements for a legitimate act, such as balance and supplement of legal interests.

The above assertion by the defendant cannot be accepted.

Application of Statutes

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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is not good, and that the Defendant’s health is difficult to take economic measures is favorable to the Defendant.

However, the defendant denies the facts charged in the instant case, and the defendant has a record of criminal punishment several times due to the same violent crime, and in particular, the defendant was sentenced to imprisonment for one year and six months, three years of suspended execution, and three years of probation and observation of protection due to the fire prevention of the present state building in around 2019.