Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On June 26, 2013, at around 07:45, the Defendant was dead on the ground that the victim D (V, 62 years of age) was frying water on the ground that he was frying to the Defendant, who was frying the water on the floor of the heading.

The defendant abusedd the victim D's chest by her head.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing witness D and E's statement in the second trial records;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the defense of the defendant and his/her defense counsel or the assertion of legitimate act under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that, at the time of the instant case, when the defendant was forced to attack first from the victim and E, the defendant committed an assault against the victim as stated in the facts charged while setting up against the victim and E to defend it. This constitutes a legitimate act that does not violate the victim's legitimate self-defense or social rules regarding unfair harmful acts.

2. In a case where it is reasonable to view that the perpetrator’s act was satisfy with one another’s intent to attack the victim’s unfair attack rather than with a view to defending the victim’s unjust attack, and that the act was committed against one another’s attack, and as such, it cannot be viewed as self-defense, since the act was at the same time a defensive act

(2) The Defendant committed a harmful act against the victim with the intent of an active attack against the victim in light of the following circumstances, i.e., motive, circumstance leading up to the fighting of the Defendant, and the victim and E, the circumstances before and after the fighting, and the degree of response to the Defendant’s victim. As such, the Defendant committed a harmful act against the victim with the intent of an attack against the victim.