The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On December 15, 2015, the Defendant: (a) around 17:15, 2015, around 203, at the front entrance of Gangdong-gu Seoul Metropolitan Government apartment complex 203, the Defendant borrowed money from the victim D (65 years) to E, his/her his/her his/her father, and (b) abused the victim’s body as aground.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion as to the assertion of the defendant and his defense counsel under Article 59 (1) of the Criminal Code of the Suspension of Pronouncement (the defendant is the first offender, the circumstance of the crime, the age of the defendant, etc.) of the Criminal Code (the defendant's above act is to defend against the victim's illegal intrusion or non-compliance with his/her refusal to leave, and thus, the illegality is excluded as a legitimate defense or a legitimate act. However, in light of the circumstances where the victim entered the defendant's house and the situation at the time of the act, etc., the defendant's act is deemed to have the character of an active attack beyond the victim's passive defense against the illegal attack, and thus, it cannot be viewed as a legitimate defense or a legitimate act. Thus, the above assertion is rejected.