The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On July 22, 2016, around 22:45, the Defendant assaulted the victim’s face at one time by destroying the Defendant’s breath by destroying the Defendant’s breath, c, and c’D’ at Sungnam-si, Sungnam-si, on the ground that the victim E (31 years of age)’s computer spacks too large, on the ground that the Defendant’s spacks of the victim E (31 years of age) located adjacent to the Defendant’s breath.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The defendant and his defense counsel asserts that the crime of the defendant is dismissed as a legitimate defense.

In a case where a person has an intention to attack one another and has an attacked against one another, the perpetrator’s act of attack at the same time has the nature of an attack, which is a defense act, and thus cannot be viewed as a legitimate defense (see Supreme Court Decision 2003Do4934, Jun. 25, 2004). In full view of the developments leading up to, and the method of, the use of violence as evidence submitted by the prosecutor, etc., in the process of the Defendant’s attacking with the victim as the victim’s intent of attacking with one another, the Defendant’s face is sufficiently taken place (CCTV 6 seconds - 9 seconds), and thus, the Defendant’s act also has the nature of an attack, not just a simple defense act, but also a mere defense act. Thus, it cannot be viewed as a defense for the Defendant’s act to defend against an unjust attack.

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. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the suspended sentence of sentence [The fact that the defendant did not have a satisfy is divided (see Supreme Court Decision 2001Do6138 delivered on February 20, 2003, etc.), primary crimes, contingent crimes, and social society.