Text
Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
On September 19, 2015, the Defendant assaulted the victim at once on the hand floor of the victim with his/her breast part of his/her breast part of his/her breast part of his/her breast part of his/her own part of the victim, who continued to do so one time on the ground that the victim C (27 years old) talked about 66 times in Daejeon prison as well as the victim C (27 years old).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of the accused or C by the prosecution;
1. Application of the Acts and subordinate statutes to the complaint;
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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant asserts that the above Defendant’s act was a legitimate act or a legitimate defense, as the Defendant’s act was a passive resistance from an attack by the injured party, against the Defendant’s allegation under Article 334(1) of the Criminal Procedure Act.
In light of the background and motive leading up to the crime, the method and degree of the crime as indicated in the judgment, etc., the Defendant’s act constitutes an active attack, not merely an act of defense against the other party’s illegal attack, but also an act of defense against the other party’s unlawful attack. As such, the means and method do not seem to be reasonable, it cannot be viewed as a legitimate defense or a legitimate act.
Therefore, the defendant's above assertion is rejected.