Defendant shall be punished by a fine of one million won.

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

Punishment of the crime

On July 7, 2015, at around 23:04, the Defendant assaulted the victim's body with the hump (60cm in length), a dangerous object in the Defendant's room, due to snow rain with neighboring victim D (49 years of age) who was not good for peace at the second floor of Jung-gu Seoul Metropolitan Government Cda, Seoul, and with the body of the victim at the bar (60cm in length).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Some statements made against the defendant during the police interrogation protocol;

1. Some statements concerning D in the police interrogation protocol;

1. Some of the statements prepared by the defendant;

1. Some of the statements prepared by D;

1. Application of Acts and subordinate statutes to deadly weapons, photographs and photographs damaged thereby;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Determination on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

1. The Defendant’s act of this case constitutes a legitimate defense (Article 21(1) of the Criminal Act) or excessive defense (Article 21(2) and (3) of the Criminal Act, and thus, cannot be punished as it constitutes an excessive defense (Article 21(2) and (3) of the Criminal Act) or should be mitigated or exempted.

2. Relevant legal principles

A. An act of defending the current infringement of one’s own or another’s legal interest shall not be punishable if there is a considerable reason (Article 21(1) of the Criminal Act). When a defense act exceeds its degree, the punishment may be mitigated or exempted under the circumstances. If such an act is committed due to fear, bad faith, entertainment, or confusion in the night or under other extraordinary circumstances, it shall not be punishable (see Article 21(2) and (3) of the Criminal Act). (b) In order to establish a legitimate defense as prescribed in Article 21 of the Criminal Act, the act shall be committed.