A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

At around 23:50 on June 13, 2013, the Defendant assaulted the victim E (year 71) to F, the owner of the said D cafeteria, on the ground that the victim E (year 71) went against the victim’s f, the inside and front of the D cafeteria located in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing the entries of witness E and G in the third protocol of trial;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 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. Claims and judgments of persons involved in the litigation under Article 186 (1) of the Criminal Procedure Act, which bear litigation costs;

1. The summary of the defendant's and his defense counsel's assertion, the defendant and his defense counsel asserted that, at the time of the instant case, E was assaulted as stated in the facts charged while E was about to catch and drink the defendant's breath, which constitutes legitimate self-defense against the illegal harmful act of E.

2. In a case where it is reasonable to view that the perpetrator’s act was satisfy with one another’s intent to attack the victim’s unfair attack rather than with a view to defending the victim’s unjust attack, and that the act was committed against one another’s attack, and as such, it cannot be viewed as self-defense, since the act was at the same time a defensive act

(2) The Defendant committed a harmful act against E with the intent of active attack in the process of fighting and the intent of attack, and thus, cannot be deemed as self-defense. In light of the following circumstances, the Defendant’s act cannot be deemed as self-defense, and the aforementioned assertion by the Defendant and the defense counsel cannot be accepted. In light of the following circumstances, the Defendant’s motive and circumstance leading to the fighting of the Defendant and E, namely, the motive and circumstance leading to the fighting of the Defendant and E, the circumstances before and after the fighting, and the degree of response to the Defendant’s E, etc.

It is so decided as per Disposition for the above reasons.