Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On October 22, 2014, at around 14:50 on October 22, 2014, the Defendant assaulted the victim, such as the victim D (50 years old) who was in dispute with one another due to civil issues, in a way that he talks with the Ecompactian gathering of the victim's cell phone, and assaulted the victim, such as the Defendant's hand and breath, so that the Defendant could not call.

Summary of Evidence

1. The legal statement of witness D (F) ;

1. The application of statutes to the results of the reproduction and viewing of CCTV CDs;

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. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel asserted that the Defendant’s act constitutes legitimate self-defense or a legitimate act, since the Defendant, first of all, committed violence against himself and tried to cut off his mobile phone, and only obstructed the victim to defend him.

2. In light of the background and situation of the instant assault committed by the evidence duly adopted and investigated by the court, and the method and degree of the assault, etc., the Defendant’s act is not merely a passive act against the victim’s wrongful attack, but also has the character as an act of attack. Thus, it cannot be deemed as a legitimate act.

Therefore, the above argument is not accepted.