The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, a public prosecution on the indecent act by compulsion is instituted.

Punishment of the crime

On September 1, 2012, around 22:17, 2012, the Defendant, along with D, assaulted the victim H (17 years of age) of G, who was contacted by G, with the Defendant on the street in front of the Fransh in Busan, Busan, to demand the Defendant to go away, and the Defendant rather requested the Defendant to go to the police, and the Defendant made a police report, and made the victim’s timber and spaths one time with his hand, and the said D used the victim’s spath and spaths.

As a result, the defendant, in collaboration with D, injured the victim about about 10 days of health care, such as dump salt, tension, etc.

Summary of Evidence

1. Each legal statement of witness G and H;

1. The result of the CD reproduction of CCTV-recordings;

1. Application of Acts and subordinate statutes to medical certificates and clothes (H);

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning criminal facts, the selection of fines;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination on the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 59(1) of the Suspension of Sentence

1. There was no tangible force against the victim H, and even if so, this constitutes legitimate self-defense or legitimate act as a passive resistance act.

2. According to the evidence of the judgment, the fact that the Defendant and D assaulted the Victim H, such as the facts charged, and the victim H have inflicted an injury on the climatic base, tension, etc. requiring approximately 10 days medical treatment.

In addition, the assault against the Defendant by the victim H constitutes self-defense or excessive self-defense by causing only one of the acts, as the assault against the Defendant was caused by G and H, which demanded the apology against the indecent act by force against G, and rather, the cryp act committed during a series of mutual fights such as fighting, which led to the other party’s act of violence.