Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On November 10, 2013, the Defendant, around 19:44, had the victim D (age 63) who had entered the office in the office located in the common facilities of residents of Eunpyeong-gu Seoul Metropolitan Government 202-dong 202-dong 202 underground level, and had the victim go beyond the arms of the victim D (age 63) and had the victim injured the victim about about 21 days in need of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

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

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his defense counsel asserted that the defendant's assertion of the provisional payment order constitutes legitimate self-defense or legitimate act, because it merely prevents the defendant from infringing the victim's unauthorized infringement of the victim D.

In light of the method and degree of the Defendant’s assault, the degree of the victim’s injury, and the situation at the time, etc. comprehensively taking account of the evidence duly adopted and investigated by this Court, the Defendant’s act was committed including the intent of attack beyond passive defense, and thus, it is difficult to deem reasonable in the means and method thereof to be recognized, and it cannot be deemed as an urgent and inevitable means. Thus, it cannot be deemed as a legitimate act contrary to social rules or self-defense for the purpose of defending the current unfair infringement.

Therefore, the defendant and defense counsel's above assertion is not accepted.