Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

On February 21, 2018, at the front of the Incheon Jung-gu, Incheon, on February 21, 2018, the defendant argued that the victim C (the age of 26) who driven a car in the rear side when the defendant operates a car was making a sudden stop while driving the car.

At the end of the Si expenses, the Defendant laid down the camping net in a string line for automobiles, thereby threatening the victim, booming the victim's clothes, cutting down the victim's clothes by hand, and assaulting the victim's face at one time by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of witness D;

1. Determination as to the assertion by the defendant and his defense counsel

1. The summary of the assertion was that the Defendant taken out the camping net, but did not pose a threat to the victim due to the camping net, and did not take the victim’s face by drinking.

The illegality is excluded as a legitimate act that does not violate self-defense or social rules as a whole, because it was not intended to catch the clothes of the victim, and was merely a passive defensive act.

2. Determination

A. 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, and the kind and degree of legal interest to be infringed by the act of defense, etc.

The act of defense as a requisite for the establishment of self-defense includes not only pure passive defense but also anti-defense form including active anti-defense, but also the act of defense must have considerable reasons as an act to defend himself/herself or other person's infringement of legal interest.

(see, e.g., Supreme Court Decision 92Do2540, Dec. 22, 1992). Meanwhile, “act that does not violate social rules” under Article 20 of the Criminal Act is either the spirit of the entire legal order or its hinterland.