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

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

Criminal facts

On March 12, 2014, around 10:0, around C commercial buildings located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, and around 10:00, the Defendant committed assault, such as assaulting the victim D who worked together with the same company as the problem of transaction partner, and the victim was at the time of the defendant's face, and the victim was walking the part of the victim's clothes so that the victim walked about about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against the defendant or D;

1. E statements;

1. Application of the relevant Acts and subordinate statutes of a medical certificate (investigative records No. 31);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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. The Defendant asserts that the above act constituted self-defense or legitimate act, inasmuch as the victim D, first of all, assaulting the Defendant and setting up against it.

2. Determination

A. In a case where it is reasonable to view that the perpetrator’s act constitutes self-defense, rather than for defending the victim’s unfair attack, and that the perpetrator first fighted with the intent of attack and went against it, the harmful act is a defense act, and at the same time, has the nature of the act of attack. Thus, it cannot be deemed as self-defense.

(See Supreme Court Decision 2003Do4934 delivered on June 25, 2004). B.

In light of all the circumstances, such as the motive and background of the instant crime, the means and method thereof, the specific circumstances at the time, and the degree of damage, which are acknowledged by the evidence of the judgment, the Defendant’s act of purchasing the victim’s clothes is determined as an act to attack the victim beyond the limit of passive defense against the victim’s attack. As such, the Defendant’s aforementioned act constitutes self-defense or legitimate act.