The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On March 14, 2016, the Defendant: (a) around 07:40 on March 14, 2016, at the street parking lot located in Jung-gu Seoul, Jung-gu, Seoul, and C Hospital, and (b) as a parking problem, the Defendant d(63) and the victim’s chest part of the victim’s chest was tightly pushed back one time, followed by the victim entering the hospital, who was able to take care of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Written statements of D;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. A fine not exceeding 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence (the victim also has an aspect of inducing the crime in this case, the degree of assault is minor, and the workplace is limited due to this case) of the Criminal Code (see, e.g., Supreme Court Decision 59(1) of the Suspension of Pronouncement of Sentence: D’s desire to take a bath, and the Defendant’s desire to do so as to do so. Thus, this is not a crime because it constitutes legitimate act under social norms or legitimate defense.

The argument is asserted.

However, according to the above evidence, the defendant's act is merely a passive defensive act to escape from the other party's unfair attack, in full view of the following factors: (a) the defendant was punished for a parking problem, such as giving and taking the bath of the defendant and the victim; and (b) the defendant was able to recognize the fact that the victim went into the hospital following the victim who went into the hospital; and (c) the defendant was booming the victim's breast part of the victim's chest; and (d) the defendant's act is merely a passive defensive act to escape from the other party's unreasonable attack.

Defendant’s assertion is not accepted.