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

The defendant and the victim B are separately customers in each party C.

On March 13, 2020, at around 23:05, the victim danced at the Michuhol-gu Incheon Metropolitan City D and C stage, which took place in the direction of the defendant's working and vision, and took a mutual bath in the front of C in the street, and was pushed down the defendant's chest, part of the ship, etc. by the ship, head, shoulder, and knife, and knife the defendant's chest, knife, knife, knife, knife, knife, knife, knife, knife, knife, and knife.

Summary of Evidence

1. B Voluntary accompanying report of the police statement protocol with respect to CCTV crime and reporting of the investigation of CCTV crime images (CCTV analysis, suspect B investigation and behavior, and reasons why the Defendant and defense counsel excluded the written diagnosis) [The Defendant and defense counsel asserts to the effect that the Defendant’s act constitutes legitimate defense, and thus, constitutes excessive defense.”

The defendant and the victim recognized by the evidence adopted and examined by this court had exercised other tangible force except the circumstance leading to the dispute of this case, and the defendant's body against the victim.

Considering that there is no evidence to see that the defendant's decision was an act to defend the present infringement of the defendant's body.

I seem to appear.

However, at the time of the instant case, the Defendant was able to defend himself even by an act that does not reach the same level as the written in the judgment of the Defendant, since the Defendant was committed together with the Defendant.

In light of the circumstances such as seen, the reasonableness of the defense act cannot be recognized.

Therefore, the defendant and defense counsel's legitimate defense is not accepted, but the defendant's act is considered as excessive defense and the punishment is mitigated.

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. Statutory mitigation Article 21(2) of the Criminal Act and Article 55(1)6 of the Criminal Act (excess defense)