The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

On May 5, 2012, around 16:30 on May 16, 2012, the Defendant discovered a site where D has dumped waste in the sewage plant in the Dong-gu, Dong-gu, Seoul, Seoul, and resisted as neighboring residents.

D In this regard, the plastic brooms cited by the Defendant had the Defendant protruding away on several occasions so that the soil and water apparatus of brooms can protruding the Defendant’s face, clothes, etc., and the Defendant was injured by avoiding this.

On the other hand, the defendant assaulted the suspect D at one time.

Summary of Evidence

1. Each legal statement of witness E, D, and F;

1. Examination protocol of police suspect regarding D;

1. The police statement concerning F;

1. Determination on the defendant's assertion of on-site photographs

1. The gist of the assertion is that the Defendant did not have committed violence to the victim by drinking, or by breathing flaps, and the Defendant’s act was only a dular for the part of the victim D. The Defendant’s act constitutes a legitimate act under Article 20 of the Criminal Act or self-defense under Article 21 of the Criminal Act.

2. Determination

A. According to the evidence mentioned above, the defendant can be found to have taken the victim's satch at one time. However, according to the witness D and F's respective legal statements, and the video of field photographs, the defendant can only be found to have taken the part of the victim's satch, as alleged by the defendant, rather than having batd the victim's satch, and there is no other evidence to prove that the defendant had taken the part of the victim's satch, as argued by the defendant.

However, there is no obstacle to the establishment of the crime of assault, so it should be recognized only within the scope of the above recognition and reflected in the sentencing.

B. According to the evidence revealed earlier as constituting legitimate act or self-defense, the defendant or victim was satisfeed with the intent of attacking one another, or satisfed with the intent of attacking one another. Thus, the circumstances are as follows.