A defendant shall be punished by a fine of 500,000 won.

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

Criminal facts

On July 23, 2017, around 00:15, the Defendant’s noise from the victim E ( South, 66 years old) who resides in the same apartment subparagraph D in front of building C C heading of the Yongsan-gu, Changwon-si, Changwon-si, Seoul, and the lower floor.

Along with this, the victim had opened a door door with a height of speech at present at several times, and the victim opposed to the breath of the defendant's breath, thereby putting both shoulders of the victim and tightly assaulting the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of some Acts and subordinate statutes to witness E's legal statement;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The defendant and his defense counsel asserts that the act of the defendant's decision in relation to the defense of a political party or the assertion of a justifiable act under Article 334 (1) of the Criminal Procedure Act constitutes a legitimate defense or a justifiable act and thus the illegality is excluded.

However, according to the evidence duly adopted and examined by this court including all the evidence mentioned above, the act of the defendant's judgment and the act of the victim at that time did not constitute an attack against the other party, but can be recognized as a series of delegations during the process of the attack with the defendant and the victim's intent to attack.

In other words, it is reasonable to view that the defendant's act of attacked by the intention of attacking with the victim, and that the defendant was committed first from the victim, and therefore, the defendant has the nature of attack at the same time as the defensive act. Therefore, such an act cannot be viewed as a legitimate defense or a legitimate act.

Therefore, the defendant's argument that the defendant's act constitutes a legitimate defense or a legitimate act is not reasonable, and thus, it is not acceptable.