The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On July 5, 2016, the Defendant used the victim D(48 tax) to display this arms in front of Sinpo City around 21:10 on July 5, 2016, and used the shoulder part of the victim when drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant and the defense counsel’s assertion on the suspect interrogation protocol against D regarding the Defendant and the defense counsel alleged that the Defendant’s act constituted a legitimate defense or legitimate act. However, in light of the circumstances acknowledged by the evidence above, the reasonableness of the Defendant’s act was difficult to view, and it was an urgent and inevitable means, in light of the circumstances before and after the commission of the crime.

Therefore, it is difficult to recognize that it constitutes a legitimate defense or a legitimate act.

Therefore, the above assertion by the defendant and defense counsel is without merit.

Application of Statutes

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the 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 (Conversion of KRW 100,000 per day) to the detention of a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1448, Apr