Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On December 13, 2013, the Defendant, while under the influence of alcohol in a public parking lot located in Ansan-dong 1497, was under the influence of alcohol on the part of the victim C(30 years of age) and the vehicle moving, and the Defendant saw the victim's face due to drinking, was under the influence of drinking, and the victim's buck with hand saw, was under the influence of the victim's bucks, and the victim's bucks were under the influence of alcohol, and the victim's bucks were under the influence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel asserted that the illegality of the Defendant’s act is excluded as self-defense or legitimate act, since the Defendant only resisted the victim’s assaulting the Defendant.

On the other hand, in order to establish self-defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the complete level of infringement, and the type and degree of legal interest to be infringed by the act of defense (see, e.g., Supreme Court Decision 92Do2540, Dec. 22, 1992). Whether a certain act constitutes legitimate act that does not violate social norms, and the illegality of such act is excluded should be determined reasonably and reasonably under specific circumstances. Thus, to recognize such legitimate act, first, the legitimacy of the motive or purpose of the act, second, the reasonableness of the means or method, third, the balance between the benefit of protection and the benefit of infringement, fourth, urgency, and fifth, any means or method other than the act.