On November 22, 2014, at around 16:50 on November 22, 2014, the Defendant: (a) was trying to board a taxi operated by C in front of the public parking lot in the Guro-gu, Busan; (b) the victim D (Nam, 75 years of age) was getting on and off a bicycle; and (c) the victim and the above taxi driver C were faced with the bicycle.

At this time, the defendant pointed out that the victim who was landed from the above taxi was not erroneous, and the victim expressed that "the defendant would be subject to fluore and fluore's face," and that as the defendant's face is sealed, the defendant argued that he was faced with the victim's head part on the ground floor by putting the victim's breast part over the upper floor by brushing the victim's chest part against it.

As a result, the Defendant abused the victim and suffered bodily injury, such as the closure of 12 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E, C, and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of a black box);

1. As to the assertion of the Defendant and his defense counsel regarding criminal facts, Articles 262, 260(1), and 257(1) of the Criminal Act of the relevant criminal facts, the Defendant and his defense counsel asserted that the instant act constituted self-defense or excessive defense. However, in light of various circumstances, such as the background and situation of the instant case acknowledged by evidence, the degree of injury suffered by the victim, and the degree of the Defendant’s act, etc., it is difficult to view that the instant act constituted self-defense or excessive defense, and thus, the above argument by the Defendant and the defense counsel are rejected.

Although the sentencing is without the same criminal power to the defendant for the reason of sentencing and is against a certain degree, the sentence of imprisonment with prison labor shall be imposed because it does not take any particular measures for recovery of damage even though the victim suffered serious injury due to the instant crime.