Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

At around 12:50 on December 27, 2014, the Defendant assaulted the victim E (the age of 81) by cutting down the shoulder part of the victim, on the ground that the victim E (the age of 81) admonishs the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective statutory statements made by witnesses E, F, G and H to the Acts and subordinate statutes;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The Defendant asserts to the effect that the Defendant’s assertion against the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act is a passive resistance from the victim to spread flapsing, and thus, it constitutes a legitimate act or self-defense.

However, according to the evidence mentioned above, since the defendant and the victim seem to have carried the other party's shoulder part and fighting with the intent of attack, the defendant's act does not constitute a passive resistance.

Therefore, the defendant's assertion is not accepted.

It is so decided as per Disposition for the above reasons.