When the defendant does not pay the above fine, 100,000 won.

Attached Form

As stated in paragraph (2) of the facts charged.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Some statements in each police interrogation protocol against the defendant and C;

1. Some statements in the police statement concerning D;

1. A medical certificate of injury (inception No. 23 of the investigation record), or a photograph of the suspect C bodily injury;

1. Application of Acts and subordinate statutes to the petition for criminal complaint (20 pages of investigation records);

1. Article 257 (1) of the Criminal Act applicable to the crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Determination as to the assertion of legitimate act or self-defense by the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted to the purport that the defendant, as at the time of the instant case, was subject to the first attack by C, etc., and there was only a passive defense against C to defend it. Thus, it constitutes legitimate act that does not violate social rules as legitimate self-defense or passive resistance against the illegal harmful act by C.

2. The above argument by the Defendant and the defense counsel is without merit, and it is not accepted as follows. In a case where it is reasonable to deem that the perpetrator’s act was committed with the intent of an attack rather than with a view to defending the victim’s unfair attack, and then became a defense, the act has the nature of the act of attack as well as the act of attack. Thus, it cannot be viewed as self-defense.

(See Supreme Court Decision 2003Do4934 delivered on June 25, 2004). In addition, the attack and defense between the persons who conduct attack and the persons who conduct attack are continuously crossing and defending at the same time, and the act of attack has the nature of a two-area where the act of attack is committed at the same time. Thus, either party's act is to defend.