Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

On October 31, 2013, around 09:50 on October 31, 2013, the Defendant assaulted the victim, i.e., the victim D(39 years of age) in front of the former Heung-gun, Seoul, by double descendants.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Application of the video CD-related Acts and subordinate statutes;

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 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant and his/her defense counsel on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant and his/her defense counsel merely committed the above act at the level of defense or passive resistance against the defendant's assaulting.

However, in light of the motive and background of the instant crime as indicated in the record, the means and method of the crime, the specific circumstances at the time, and the degree of damage, etc., the Defendant’s act appears to have the nature of an attack as an affirmative attack beyond the limit of passive defense or resistance, and thus, cannot be deemed to constitute self-defense or legitimate act.