A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Of the facts charged against the defendant, the part citing the facts charged against the joint defendant F was appropriately revised to the extent that it does not interfere with the defendant's exercise of right to defense.

On April 7, 2016, at around 07:40, the Defendant assaulted F head debt by putting the Defendant’s chest on the counter-end of the Defendant, setting up against the Defendant’s chest to kept up the head debt by cutting off the Defendant’s chest on the counter-end of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes on video CDs and CCTV closure photographs;

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted that the Defendant’s act constitutes a legitimate defense or legitimate act, merely because they committed a passive resistance in the course of setting up against the victim’s assault.

However, in light of the background leading up to the occurrence of the instant case, the method and degree of exercising tangible power against each other by the Defendant and the victim, etc., which could have been known through CCTV screen pictures and victim F’s legal statement taken at the time of the instant case, it is difficult to view that the Defendant’s act of entering the criminal facts in the judgment of the Defendant is a passive resistance against the victim’s violence, not by exercising tangible power

Therefore, the defendant and defense counsel's arguments are not accepted.