The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

At around 11:30 on December 7, 2018, the Defendant assaulted the victim’s d(62 years of age) and flaps by cutting down the flaps, which was a dispute over the issue of the construction cost of storage with the victim’s D(62 years of age).

[The defendant and his defense counsel asserted that the defendant's act constitutes self-defense because the defendant flabbbage was first flabed by the victim's flab, and therefore, it constitutes self-defense. However, in a case where the perpetrator's act was flabed with the intent of attacking one another rather than for defending the victim's unjust attack, and it is reasonable to view that the act was committed by the perpetrator, and became an attack, and the act was committed against it. The act has the nature of an attack at the same time as the act of attack, so it cannot be viewed as self-defense or excessive defense (see Supreme Court Decision 2000Do228, Mar. 28, 200). According to each statement at the victim's investigative agency and the defendant's investigative agency and this court, according to the victim's statement in the process of dispute over the issue of construction cost, the defendant's assertion cannot be viewed as legitimate self-defense during the process of flabing with the victim and the defendant, and thus, cannot be accepted the gist of evidence.

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Application of statutes to D of the protocol of interrogation of police suspect;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the suspended sentence (the suspended sentence of a fine shall be imposed only once, taking into account the following: (a) the defendant was suffering from the alley in the course of dispute with the victim; (b) the background and details leading to the crime of this case; and (c) the initial offender;