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

At around 13:00 on August 31, 2018, the Defendant, on his own initiative, expressed a bath to the second floor conference room of the building management office in Gwanak-gu, Seoul Special Metropolitan City, to “inducate banner” and the victim C (Nam, 70 years of age). The Defendant committed assault, such as putting the victim the victim’s her sensium in his/her hand and her booming it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Investigation report (verification of audio-recording files and hearing report by reference witness D phone);

1. Application of the CD 1 statute

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. The Defendant and his defense counsel asserted that the Defendant’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act and the defense counsel’s assertion that the Defendant’s act constituted self-defense because the victim took the victim’s hack belt by hand in order to resist the Defendant. However, in light of the evidence duly adopted and investigated by the court, it is difficult to deem that the victim had obstructed the Defendant first, and even if so, the victim obstructed the Defendant first as alleged by the Defendant.

하더라도 목격자인 D의 진술(피고인이 피해자의 허리를 붙잡고 좌우, 앞뒤로 흔들었고, 이에 피해자가 무게 중심을 잡지 못하고 비틀거리다가 주변에 있는 무엇을 잡고 간신히 버텼던 것으로 기억한다는 내용)에 비추어 볼 때 피고인의 행위는 소극적 저항 또는 방어행위를 넘어서는 유형력의 행사라고 볼 것이므로, 정당방위의 요건을 갖추었다고 볼 수 없다.

The above assertion is not accepted.