The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a current or former representative of apartment house before being a security guard.

On May 2, 2017, around 16:15, the Defendant, at the guard room of Nowon-gu in Seoul Special Metropolitan City, 103 apartment building C, at the Dong guard room of the apartment building D (61 tax) with his hand, and due to his shock, the Defendant suffered an inspection around the trees in need of approximately three weeks medical treatment.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Each police statement made to F and G;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 262 of the Criminal Act applicable to the crime, Articles 262 and 260 (1) of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. A fine not exceeding 500,000 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. Determination on the assertion of the Defendant and his defense counsel under Article 59(1) of the Criminal Act (the details and situation of the crime, the degree of the assault committed by the Defendant is not more than the degree of assault inflicted on the Defendant; the Defendant was sentenced to a fine of 200,000 won due to the violation of the Guarantee of Automobile Compensation, and there are no other criminal records except the power; the Defendant’s future occupation, etc.)

Even if it comes to the legitimate defense to prevent the assault of the victim, the illegality is excluded.

Comprehensively taking account of the evidence duly examined and adopted by this court, the defendant's act is not merely a passive defense against the victim's improper attack, but also has the character as an attack, such as actively breathing the victim's breath, etc.

Since it appears, it cannot be viewed as a legitimate defense.

Therefore, the defendant and defense counsel are not accepted.