The sentence of imprisonment shall be suspended against the defendant.

Punishment of the crime

On November 30, 2015, the Defendant, around 16:20 on November 30, 2015, on the part of the Defendant in the Asan City apartment, was raising an issue of noise between the victim D (the 35 years old and the 35 years old and the 35 years old) and the floor around the Defendant’s residence, and the Defendant, upon cutting off the cell phone in the victim’s hand, assaulted the victim by opening the part in order to recover the cell phone.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant and his defense counsel asserted that the Defendant’s act does not constitute the exercise of force, and thus, the Defendant and his defense counsel did not commit violence, but did not intend to commit violence, and ② the Defendant’s act is a legitimate act to erase the recording file in the situation where the victim’s cell phone was recorded in the victim’s cell phone while inducing the

First of all, we examine the argument that the act of assault is not a assault act or there is no intention of assault.

Criminal facts

An act of a defendant entered (an act of removing a victim's hand by his/her hands outside a cell phone in order for the injured person to recover his/her cell phone) can be sufficiently recognized as a consistent statement in D's investigative agencies and this court, which constitutes the exercise of tangible force, and the intention of assault is also recognized for the accused.

Next, I examine the assertion of justifiable acts.

“Act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not contravene social norms and thus, should be determined on an individual basis, based on specific circumstances, based on the following: (a) legitimacy of the motive or purpose of the act; (b) legitimacy of the means or method of the act; (c) reasonableness of the means or method of the act; (d) balance between the interests of protection and infringement; (iv) urgency; and (v) such act.