A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the manager of the Damoel in Jongno-gu Seoul Metropolitan Government.

At around 20:20 on April 28, 2012, the Defendant: (a) committed assault to the female employees working in the above Moel calculation room on the grounds that the victim E (son and 40 years of age)’s accommodation charge was wurged; and (b) committed assault to the victim who was discharged from the Defendant’s bridge in the course of fighting with her body in the process of fighting with her body by taking a bridge with the victim’s clothes, and thereby, suffered from the victim’s alley that requires treatment for about 98 days.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of witness E in the third protocol of trial;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The summary of the argument is that the defendant's act constitutes self-defense inasmuch as the defendant's act constitutes self-defense, inasmuch as he was committed in the course of cutting down and defending the victim's breath, by setting the breath and breath, etc. of the defendant's breath while taking the victim's bath.

2. Determination

A. Generally, it is difficult to view the act of attack and defense as “political act” or “self-defense” or “self-defense” by putting only one of the acts of the parties, at the same time as the act of attack and the act of defense was committed between the two parties. However, even if they appear to be fighting between the two parties, in fact one party unilaterally commits an illegal attack, and the other party uses tangible power as a means of resistance to protect himself/herself from such attack and escape therefrom, if it appears to be a new active act.