Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On August 28, 2013, the defendant around 22:30, from the stairs of the D main building located in the Dong-gu Busan Metropolitan City, the victim E (n, 46 years of age), Sivia, and the victim was pushed down to the left-hand side in need of approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts to the effect that the act recorded in the crime in the judgment constitutes legitimate self-defense or legitimate act, as an act to defend sexual indecent act from E, as an act to defend against the sexual indecent act from E.

In order to establish self-defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, the completion of the act of defense, and the type and degree of the legal interest to be infringed by the act

(see, e.g., Supreme Court Decision 2007Do1794, Apr. 26, 2007). Moreover, in order to recognize such a justifiable act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (d) urgency; and (e) supplementaryness that there is no other means or method other than the act; and (e) supplementaryness that there is no other means or method other than the act.

(see, e.g., Supreme Court Decision 201Do6287, Oct. 13, 2011). According to each of the evidence indicated in the holding, sexual indecent acts from E at the time of the instant crime.