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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

피고인은 2013. 7. 6. 22:40경 인천 계양구 C아파트 나동 앞 놀이터 벤치에서 피해자 D(여, 29세)이 담배를 피우고 있는 것을 보고 이를 제지하고자 시비를 걸어 서로 언쟁하다가 팔짱을 낀 채 어깨로 피해자의 어깨를 수회 밀치고, 귀가하는 피해자를 뒤따라 가 위 아파트 4층 계단 복도에서 팔꿈치로 피해자의 어깨를 1회 밀쳐 벽에 부딪치게 하는 등 피해자를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act and subordinate statutes to witness D and E’s respective legal statements (no reason exists to suspect credibility because the witness’s statements are partially inconsistent with the witness’s statements on whether D cited his/her hand), but the main part is identical with each other, specific credibility and credibility are not found)

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant’s act is dismissed as a legitimate act as a passive resistance against the victim’s exercise of tangible power.

In light of the above evidence, the defendant's act does not constitute self-defense or legitimate act, since it is acknowledged that the defendant committed a harmful act as an attack against the victim, and the defendant's act cannot be viewed as an act to defend the victim's unfair act, and it is difficult to view it within the passive resistance.

Therefore, the above assertion by the defendant and the defense counsel is without merit.