A defendant shall be punished by imprisonment for one year.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

[criminal record] On September 5, 2013, the Defendant was sentenced to one year and six months to commit fraud, etc. by the Seoul Northern District Court, and was released on May 30, 2014 during the execution of the sentence in Anyang Prison, and the parole period expired on August 12, 2014.

[2] On December 13, 2015, around 21:00, the Defendant: (a) committed F’s deception and body fighting, who is a person living together with the Defendant, before the entrance of the E Hospital located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu; (b) brought a arms to the victim C (31) who was requested by the said F’s father, who requested the said F’s wife to speak; and (c) placed the said victim’s left arms into the Defendant; and (d) placed the said victim’s trade name for about two weeks to undergo medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A medical certificate of injury and a photograph of damaged parts;

1. Previous convictions: Determination on the assertion of the defendant and his/her defense counsel by inquiry about criminal history, investigation report (the current status of confinement, repeated crimes, criminal records of the same kind of violence, written judgments, written decisions on non-prosecution

1. The summary of the assertion is that the defendant has inflicted an injury by asking the arms of the victim;

However, although the defendant demanded plucking or plucking of the arms from the damaged person, the defendant's plucking of the arms of the victim so that the victim would not get out of the arms of the defendant, which constitutes a political party defense or an urgent escape, and thus does not constitute a crime.

2. Determination

A. 1) Whether an act constitutes a legitimate defense is a legitimate defense. To be recognized as a legitimate defense, it must be reasonable and reasonable to protect the present infringement of one’s own or another’s legal interests. As such, political defense against an unlawful and lawful infringement is not recognized, and whether an act of defense is socially reasonable is the kind, degree, method, and completion of the infringement of the legal interests infringed by the act of infringement.