The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a neighbor who lives in the same Dong and Dong for about five years from the victim C(n, 75 years of age) and about five years.

On June 3, 2013, the Defendant: (a) claimed that he was stolen from the beginning of Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) and (c) committed a dispute with one another by breaking the arms of the victim; and (d) assaulted in excess of the floor by cutting down the arms of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Act on the Legal Statement of Witness C

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine of 300,000 won for which the sentence is suspended; and

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. The defendant and his/her defense counsel's assertion as to Article 59 (1) of the Criminal Code (the grounds why the victim sought the defendant first and tried to damage the fireworks, the extent of the defendant's assault is minor, and the defendant has old and no particular criminal power) of the suspended sentence is asserted as constituting self-defense inasmuch as the defendant and his/her defense counsel attempted to prevent the defendant from damaging the defendant's fireworks.

However, in light of the circumstances leading up to a dispute acknowledged by the aforementioned evidence, the situation at the time, and the relationship between the Defendant and the victim, etc., it is reasonable to deem that the Defendant’s act committed an assault against the victim by the intent of attack rather than a passive defense as a means of resistance to protect himself/herself from the illegal attack of the victim and escape therefrom. Therefore, it cannot be deemed as self-defense.