beta
Text
Defendant shall be punished by a fine of 300,000 won.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The injured party B is a person who operates lebro vehicle C, and the accused is a person who operates lebro vehicle D, and visitors visiting Jung-gu Seoul Metropolitan Government E and F restaurant.
On May 16, 2020, the victim stopped by the defendant in front of the Seoul Jung-gu G-gu, Seoul, without driving a vehicle, and stopped and obstructed the length, proceeded in the future, and boomed the defendant's chest part of his chest in his cell phone, which was taken by the mobile phone, with his hand, and committed assault to spawn his finger and sat.
The Defendant, at the same time and place as above, exercised the assault that biffes the victim’s breast part of his chest by setting up against the victim’s act for the said reasons, at the same time and place.
Summary of Evidence
1. The defendant asserts that his act constitutes a legitimate defense or an emergency escape, as the defendant's act is for the passive defense or avoidance of an improper attack against B, by reporting CCTV images in the police interrogation protocol (a CCTV analysis related to violence) against part of the defendant's legal statement B.
However, in light of the extent of the Defendant’s assault, which can be recognized by the evidence duly adopted and examined by this court, the Defendant’s act appears to be both an act of attack against the attack as well as an act of attack against the attack as well, and thus, it cannot be deemed as a legitimate defense or an urgent escape.
We do not accept the above argument.
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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;