The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On February 8, 2018, at around 10:30 on the Dongdaemun-gu Seoul Metropolitan Government and the fifth floor, the Defendant taken photographs of the construction site in the Gu office as a mobile phone to put a civil petition against the victim D (33 tax) due to this construction noise problem, and prevented the Defendant from putting the victim’s left shoulder up three times by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The defendant and his defense counsel's assertion against the defendant under Article 59 (1) of the Criminal Code of the Suspension of Sentence (such as the background of the crime of this case, degree of damage and the circumstance surrounding the complaint of this case, etc.) and his defense counsel are asserting that the defendant's act of breaking the victim's shoulder with the victim's shoulder constitutes a justifiable act to restrain the victim's intrusion upon the construction site without permission.

However, in light of the developments and situation of the instant assault, and the method and degree of the assault, it is difficult to see that the reasonableness in the means and method was recognized, and it was an urgent and inevitable means.

Therefore, the above argument is without merit.