Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On May 15, 2017, at around 19:00, the Defendant: (a) reported that wife C was assaulted against the victim D (the age of 74) in front of his house located in Yong-gun B, Nam-gun, Nam-gun, and (b) took a tension with a wall attached to the victim’s wall by breaking bating the victim’s bat, and assaulted the victim by continuing approximately two minutes of bat.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Statement made by the police for E;

1. Each damaged photograph (the defendant and his defense counsel stated that the defendant's act constitutes a legitimate defense or legitimate act inasmuch as the victim assaulted the defendant's wife C, and thereby defended the victim's wife C, the defendant's act constitutes a legitimate act;

However, in light of the situation and time at which the defendant was able to look at the victim’s bat, the time and degree of batling bat, the relationship between the defendant and the victim, age, physical difference, etc., the defendant could have prevented or avoided the victim’s behavior in addition to bating bats.

Taking into account all the circumstances, including the reasonable ground to view, the Defendant’s act goes beyond the limit of passive defensive act and has reasonableness in the social norms.

It is difficult to see that the defendant's act does not violate social norms and satisfies the requirements of justifiable act under the Criminal Act.

It is also difficult to see it.

Therefore, the defendant and defense counsel's assertion is not accepted.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include circumstances that may be considered in light of the circumstances leading to the instant crime; the Defendant does not have any criminal record exceeding the fine; the degree of the instant assault; and the Defendant’s age, sexual intercourse, as shown in the pleadings of the instant case.