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

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

Punishment of the crime

On October 16, 2014, at around 17:50, the Defendant spited the victim’s face on the front side of the D cafeteria run by the victim C (the age of 60) in Daegu Dong-gu, Daegu-gu (the age of 60).

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The Defendant’s assertion of the Defendant’s self-defense under Article 334(1) of the Criminal Procedure Act is alleged to constitute self-defense inasmuch as the Defendant committed the same act as the instant crime to escape from the victim’s assault. However, in light of the following: (a) the Defendant, recognized by the evidence duly adopted and investigated by the court, spits the Defendant’s spit while taking a bath to the victim; (b) the details and contents of the instant crime; and (c) the circumstances at the time of the instant case, etc., it is difficult to view that the Defendant’s act merely constitutes a passive defense