Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

Defendant

And the victims C(65 years) are the members of the E church in the Seo-gu in Gwangju-gu, Gwangju-gu, who are in conflict with each other in ideology and monetary issues.

On January 22, 2016, the Defendant: (a) around 16:40, at the entrance of the aftermath of the above E branch, laid down a catum, etc. requiring approximately two weeks medical treatment to the above victim, such as cutting down the arms and spathing the bat; and (b) spathing the bat at the entrance of the above E branch; (c) in the process of protesting and resisting the installation of a set.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. The defendant and his defense counsel asserted that the above defendant's act constitutes an act of self-help or a legitimate defense.

Criminal Code 'self-help'

The term “defensive act” means an act to avoid the impossibility or significant difficulty of executing a claim when it is impossible to preserve a claim by legal procedure (see, e.g., Supreme Court Decision 2006Do9418, Mar. 15, 2007). For a certain act to be recognized as a legitimate defense, the act is to defend the current illegal infringement of one’s own or another’s legal interests, and there must be reasonable nature. Therefore, a legitimate defense against an unlawful legitimate infringement is not recognized, and whether the act of defense is socially reasonable should be determined by taking into account all specific circumstances, such as the type, degree, method, method of infringement, and the type and degree of legal interests infringed by the act of infringement (see, e.g., Supreme Court Decision 2006Do8750, Feb. 22, 2007). Even in the Defendant’s assertion, the injury in this case constitutes an act to avoid considerable difficulty in executing the Defendant’s performing the Defendant’s activities on the part of the party.