Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant is the victim C (the age of 41) and the social-friendly Gu.

On March 28, 2014, the Defendant urged the value of the card borrowed from the victim before being settled at the parking lot of the arms gymnasium located in the Macheon-si, 2014.

Summary of Evidence

1. Partial statement of the defendant (a statement to the effect that there is the enemy of the victim) ;

1. C’s legal statement;

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

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The Defendant and his defense counsel asserted that the Defendant’s act constitutes self-defense as to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act. In a case where it is reasonable to deem that the perpetrator’s act was committed with the intent of attacking one another rather than with the intent of defending the victim’s unjust attack, and that the act was committed against one another, it cannot be deemed as self-defense, since it has the nature of the act of attack at the same time as the act of attack.

(See Supreme Court Decision 2003Do4934 Decided June 25, 2004, etc.). In addition, in a case where a person engaged in attack committed an act of attack and defense are continuously crossinged, and the act of attack is in the nature of both areas where the act of attack and defense is committed at the same time, it is common to say that only one party's act is a legitimate act for defense or self-defense, and it is difficult to view it as a legitimate act for defense or self-defense. Even in a case where one party's act seems to be committed by appearance, in fact, one party unilaterally commits an illegal attack, and the other party uses the tangible power as a means of resistance to protect himself from such unlawful attack and escape therefrom, it is not an active one, but an passive defense.