Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

C is a person who operates a remedy with the trade name "E" in Suwon-si D, and the defendant is an employee of F, who has been delegated with the control, etc. on infringement of intellectual property rights.

On June 22, 2016, at around 12:18, the Defendant assaulted the victim by taking advantage of the Defendant’s body, who was an employee of the above business establishment, to enter the said business establishment to regulate the forged product attached with the trademark, and was fluoring the victim with his/her left arms and shoulder part by taking advantage of the Defendant’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the police on July 13, 2016 to the defendant;

1. A protocol concerning the examination of the police officer in G;

1. Investigation report (Submission of CCTV for suspect C (E)

1. The judgment of the defendant and his defense counsel on the assertion of the CCTV defendant and his defense counsel are justifiable acts, where the defendant's act was committed in the situation of continuous assault by three persons, such as the victim G, etc., and constitutes a legitimate act as an act to prevent the present infringement on the defendant's body, which constitutes a legitimate act or passive resistance.

See the purport of “......”

However, the following circumstances revealed in the evidence cited earlier, namely, the Defendant, a private person, who is not the police, has a legitimate authority to enter the C’s place of business, notwithstanding the restriction on the violation of the Trademark Act.

In light of the fact that it is difficult to see the Defendant’s physical fighting between the Defendant, C, and the victim in the course of entering the place of business, notwithstanding the resistance of C and the victim, and the Defendant’s act constitutes the crime of this case by actively taking advantage of the Defendant’s body to the left part and shoulder part by actively taking advantage of the victim’s body in the instant place of business. Thus, the Defendant’s act is a legitimate defense under Article 21 of the Criminal Act.