Defendant shall be punished by a fine of 150,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the representative of the apartment tenant C, and the victim D is the representative of the apartment building C, and the defendant and the victim are the members of the apartment association.

On August 15, 2012, around 09:30 on 09:30, the Defendant assaulted the victim, such as spawn, spawn, spawn, and spawn in the C apartment management office, by breath’s hand, and spawn with the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. A protocol concerning the police interrogation of the accused;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The defendant and his defense counsel asserted that the crime of this case is merely a passive defensive act, and thus, a legitimate act that does not go against social norms.

In full view of the circumstances acknowledged by the above evidence at the time of the instant crime and the circumstances of the Defendant’s assault, it is reasonable to view that the Defendant’s assault was committed in the course of dispute with the victim.

However, in the case of fighting, the harmful act is both a defensive act and an attack, and thus does not constitute self-defense (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000). In light of the defendant's act at the same time as a defensive act, and the degree of the defendant's act of assault and the circumstances leading to this case, etc., the crime of the defendant's decision did not meet the requirements for legitimate acts such as the justification of motive or purpose, the means or method of the act, the reasonableness of the means or method

Therefore, we cannot accept all the above arguments of the defendant and his defense counsel.