The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On September 10, 2015, the Defendant committed assault against the victim D(43) and noise problems in the front parking lot of the Busan Dong-gu C Mando-dong, Busan, and the victim was assaulted by the victim's mother E in his/her hand, etc., and assaulted the victim in his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the defendant, D, or E;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes as a result of the CCTV CD reproduction;

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. Punishment of a fine not exceeding 300,000 won to be sentenced;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 59 (1) of the Criminal Code (the defendant was the first offender, the fact that the defendant was the victim himself, the circumstance during which the defendant raised a dispute with the victim, and the fact that the defendant was damaged by the victim) of the suspended sentence (the defendant and defense counsel argued to the effect that the defendant's crime was inevitable to protect the defendant's mother from the victim, and thus constitutes a justifiable act. However, the following circumstances acknowledged by the evidence, which can be acknowledged by the above evidence, such as ① the victim appears to have spent tools on his hand, but it does not appear that the victim tried to directly harm the defendant by using dangerous articles such as the defendant's or his mother's display of the tools. ② According to the results of the video CD reproduction, it is difficult to evaluate the defendant's act as a passive act, and it is also hard to say that the victim's arms can be confirmed as a part of the defendant's mother.