A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal records] On August 1, 2012, the Defendant was punished by a fine of 1 million won by an assault at the Seoul Central District Court, and on April 10, 2014, by imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (Intimidation, such as group, deadly weapons, etc.) in the same court on April 10, 2014, and was sentenced to a suspended sentence of 2 years by a total of 19 times punishment for the same

[ 범죄사실] 피고인은 2017. 3. 25. 10:00 경 서울 서대문구 C 고시 텔에서 아무런 이유 없이 위험한 물건인 망치( 길이 34cm) 로 침대를 부수고 있던 중 위 고시 텔 원장인 피해자 D(45 세) 가 피고인의 손을 잡아 이를 제지하자 위 망치를 빼앗기지 않기 위하여 위 망치를 손에 쥔 채로 피해자를 밀치고 당기는 등 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion under Article 48(1)1 of the Criminal Act concerning confiscation

1. The defendant's defense counsel in the judgment on the defense of a political party or the assertion of a justifiable act asserted that the above act by the defendant's defense counsel is an act to defend the victim's improper infringing act, which is his/her own property, and which does not constitute a legitimate defense or a violation of social norms. However, according to the evidence duly adopted and examined by this court, the above act by the defendant's defense is not limited to a simple defensive act, and it is recognized that the defendant's above act by the defendant's defense is not limited to a mere defensive act, and it is also recognized that the defendant had the nature of an attack, and that the defendant's act of preventing the defendant from attempting to incidental another's property constitutes a legitimate act, defensive defense or an urgent escape, and therefore it cannot be viewed as an unfair infringement

2. The assertion of mental and physical weakness