The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On October 15, 2014, around 18:50 on the 18:50th day of the Seo-gu Standing Park, the Defendant assaulted each other by plucking up the victim’s left hand, and plucking up it, on the ground that the victim C (59 years old) filed a complaint against himself by committing fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. C Legal statement;

1. Application of Acts and subordinate statutes to photographs of victims;

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. Penalty fine of 500,000 won to be suspended;

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

1. As to the Defendant’s argument regarding Article 59(1) of the Criminal Act (the degree of violence is minor and the Defendant is the primary offender, etc.) of the suspended sentence, the Defendant asserts that the Defendant’s assertion is a passive defensive act by taking the victim’s left hand in order to defend the victim’s eye toward the Defendant’s eye, and constitutes a legitimate defense.

However, in light of the developments and situation of the instant assault, and the method and degree of the assault, etc., it is reasonable to view that the Defendant’s act is plucking up and plucking up the victim’s hand with an aggressive intent beyond the passive act of defense against an unjust attack by the victim. Therefore, it does not constitute a legitimate defense.

The defendant's above assertion is rejected.