Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

On July 8, 2011, at around 04:00, the Defendant: (a) while moving to a criminal building, along with the head of the police station in the Yeongdeungpo-gu Police Station, the mother of the Defendant confirmed that he/she arrived at the police station; (b) attempted to sit down on his/her own ground floor to damage the Defendant; and (c) caused the Defendant to put up his/her knee, resulting in the Defendant’s knee of the said D to prevent his/her self-injury.

In this respect, the defendant committed an slovasism that requires approximately three weeks of medical treatment to the victim D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69(2) of the Criminal Act on the Detention in the House of Labor [the punishment as per the order shall be determined by taking into consideration all the circumstances such as the background leading to the instant crime, the fact that the Defendant deposited KRW 2 million in order to repay damage to the victim D, and the fact that it is against the victim.] The act of defense shall be socially reasonable in light of all the specific circumstances, such as the type and degree of legal interests infringed by the instant act, the method of infringement, the kind and degree of infringement, the method of infringement, the degree of legal interests infringed by the said act, and the type and degree of legal interests to be infringed by the said act, etc.

(2) The Defendant’s act of inflicting bodily injury on D with the left side of D, which caused the Defendant to go beyond the scope of the police officer’s illegal arrest, can be seen as an act of causing considerable reason to prevent unjust infringement of legal interests caused by the police officer’s illegal arrest. The Defendant’s act of inflicting bodily injury on D with the Defendant, even though the Defendant could have resisted to defend unjust infringement of legal interests caused by the illegal arrest of the police officer.