Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

On January 14, 201, the Defendant, as the Dong representative of the E Apartment in Gangnam-gu, Seoul, was present at the bidding procedure for the selection of the entrusted company at the first floor above the above apartment 302 apartment complex 302-dong, the Defendant demanded the victim G (33 years old) of the Fmanagement Co., Ltd., an entrusted management company of the above apartment, to leave the conference room on the ground that he is an employee of the company participating in the bidding. On both hand, the Defendant committed assault against the victim by keeping the victim's chest and shoulder, destroying the victim's chest and shoulder, breaking the victim's body, and cutting down the victim's body.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Application of the law to the statement of the police interrogation protocol against the defendant

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act, which are confined in a workhouse.

1. The summary of the argument is that the victim, who is an employee of the company that participated in the tendering procedure for the selection of the entrusted management company, requested the victim to leave the meeting room for the fairness of the bidding, but the victim did not leave the meeting room and thereby the victim was pushed down to prevent the act. Thus, the defendant's act constitutes a justifiable act that does not violate the social rules.

2. The phrase "act that does not violate social rules" under Article 20 of the former Criminal Code refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, if a certain act satisfies the requirements such as legitimacy of the motive or purpose, reasonableness of the means or method of the act, balance between the protected legal interest and the infringed legal interest, urgency, and supplementary nature that there is no other means or method other than the act, it shall be deemed a justifiable act, and each of the above acts shall be deemed a justifiable act.