Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 100,000 won.

Criminal facts

(Defendant A) around 18:20 on June 4, 2014, Defendant A expressed the victim’s bath that “A” was obstructed by the passage of the victim B (the 50 years of age) who operated a taxi on the front road of Gangseo-gu Seoul, Gangseo-gu, Seoul, and assaulted the victim at one time at the victim’s hand, knee, knee, knee, knee, knee, and kne.

Summary of Evidence

1. Each legal statement of witness B, F and G;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a report on site entry in violent incidents;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant B) of the provisional payment order;

1. On June 4, 2014, around 18:20 on June 4, 2014, Defendant B assaulted the victim by pushing the victim with the hand of the Si expenses, on the ground that the victim A (the age of 56) obstructed passage on the front side of Gangseo-gu Seoul Metropolitan Government.

2. It is common that it is difficult to view the act of attack and defense to constitute “political act” or “self-defense” or “self-defense” by either party’s mere commission of an act of attack and defense at the same time, as the act of attack and defense occurred between persons who conduct a fighting.

However, in a case where one party unilaterally commits an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom, even if the act is not deemed a new affirmative attack, it is reasonable to view that it is reasonable to allow under the social concept, unless it is evaluated as a new affirmative attack (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). According to the records, the victim’s passage is the victim’s Defendant.