Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The defendant has no occupation and is a Bridge.

A victim D (the 68 years of age) who is a support for C wood company, was able to make a towing on April 8, 2018 at the second floor of the Bridge located in Gangnam-gu Seoul, Gangnam-gu, Seoul. However, in the process of entering the second floor, there was a vision within the st topick stairs that the victim D (the 68 years of age) was up to the second floor in the course of entering the second floor.

Accordingly, the Defendant assaulted the victim by leading the victim's breath with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police in relation to D (electronicly summary);

1. Application of the Acts and subordinate statutes related to filing of a complaint, violence face pictures and USB;

1. Article 260 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Even if the alleged defendant led D’s breath, in light of the purpose and background of the above act, it should be deemed that the illegality of the defendant constitutes legitimate act that constitutes legitimate self-defense to defend against infringement of legal interests, or that does not violate social norms.

2. 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, and method of infringement of the legal interest infringed by the act of infringement, and the kind and degree of the legal interest to be infringed by the act of defense.

The act of defense as a requisite for the establishment of self-defense includes not only pure passive defense but also anti-defense form including active anti-defense, but also the act of defense must have considerable reasons as an act to defend himself/herself or other person's infringement of legal interest.

(see, e.g., Supreme Court Decision 92Do2540, Dec. 22, 1992). In addition, “act that does not violate social rules” under Article 20 of the Criminal Act is legal order.