Defendant shall be punished by a fine of three million won.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant

A is a person of Canadian nationality who enters Korea as tourism visa and the period of visa expires as of April 30, 2018.

On December 16, 2019, around 16:15, the Defendant assaulted the victim’s shoulder and bucks sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Statement to C by the police;

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Determination on the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the workhouse

1. The gist of the assertion is that the Defendant’s act or self-defense constitutes legitimate act or self-defense, as it was set up against the victim during the process of searching for “spawn” which the victim intends to collect and throw away at will.

2. To be recognized as a justifiable act of determination, the legitimacy of the motive or purpose of the first act, the reasonableness of the second means or method, the balance between the protected legal interests and the infringed legal interests, the fourth urgency, and the fifth supplementary requirement that there is no other means or method than the said act.

In addition, in order to establish self-defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the level of completion of the infringement, and the type and degree of the legal interest to be infringed by the defense act.

(see, e.g., Supreme Court Decision 2017Do15226, Dec. 27, 2018). Moreover, in order to establish self-defense, the legal interests infringed by the act of infringement.