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

The defendant and the victim C(48, n, n) are adjoining neighbors who reside in five stories and three stories, respectively.

On May 28, 2015, around 14:00, the Defendant argued with the victim about the issue of defect repair construction of multi-family housing 3* the building D in Manan-gu, Manyang-gu. Around 14:00, the Defendant abused the Defendant, spiting the Defendant, spiting the Defendant’s head, brining the Defendant’s head, and assaulting the victim by spiting the victim’s head, booming the Defendant’s head, satching the Defendant’s head, and sating the victim’s head.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Statement made by the police against C;

1. Written opinion;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the relevant case records);

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant's act constitutes a legitimate defense, since the defendant and his/her defense counsel first expressed the defendant's desire and assault to the defendant, and the defendant committed the same act as the stated in the judgment in order to defend him/her.

However, in light of the background, motive, means, method, degree of damage, etc. of the instant crime, which can be seen by the evidence above, the Defendant’s act cannot be deemed as legitimate defense, and thus, the above assertion by the Defendant and the defense counsel cannot be accepted.