The sentence of sentence shall be suspended for the defendant.

Punishment of the crime

On May 13, 2015, at around 12:20 on May 13, 2015, the Defendant assaulted the victim’s face side and body in hand, and had the victim go beyond the floor, while disputing with the victim E within D operated by the Defendant, and thereby, the victim suffered injury, such as salt, tension, etc. in need of treatment for about 14 days.

Summary of Evidence

1. Each legal statement of witness E, F and G:

1. A protocol concerning the examination of the police officers of the accused;

1. Some statements made in the police interrogation protocol concerning E;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Explanation (2) Application of Acts and subordinate statutes; and

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

1. Selection of an alternative fine for punishment;

1. A fine not exceeding 300,000 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 Criminal Act of the suspended sentence;

1. The Defendant and his defense counsel asserted that the Defendant did not commit assault against the victim even if they did not constitute legitimate defense. However, according to the evidence as seen earlier, the Defendant’s use of force as a resistance to protect the victim’s attack and escape from the victim’s attack in light of the content and degree of the attack committed by the victim by exercising the Defendant’s tangible force. The Defendant’s act cannot be deemed as constituting a legitimate defense, since it exercised force as a resistance to protect and escape from the victim’s attack in light of the content and degree of the attack committed by the victim before the Defendant’s act was committed.

Although the defendant denies the crime, it is understood to the effect that it is a tangible event against the victim's preemptive attack, and thus, the punishment is prevented, and there are circumstances where it is difficult to believe that there is considerable part of the victim's police and legal statement.