On May 25, 2010, at around 23:30, the Defendant: (a) sustained the victim D(36 years of age) working at the 3rd floor of the Gangnam-gu Seoul Building on the said building on the ground that the victim D (the defendant was unable to find the office of the victim any longer; (b) had a dispute with the victim on the ground that he requested the lessor of the said building; (c) caused the victim to do so; (d) had the face of the victim by drinking the victim on his own; (d) had the victim head at several occasions; and (e) had the victim head at hand; and (e) had the victim's face by driving the victim's her body on his own; and (e) had the victim's face by drinking, and had the victim suffered injury, such as the left-hand side of the victim requiring about nine weeks medical treatment, and the downhead of the wall.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. E statements;

1. A criminal investigation report (to attachCCTV images) and CDs;

1. A medical certificate, each injury medical certificate, a copy of medical record, and a photograph of the damaged part;

1. The Defendant asserts to the effect that “The Defendant’s act constitutes self-defense, since the Defendant was only a victim during the process of attacking and defending the victim,” the Defendant’s act constitutes self-defense.

However, according to each evidence of the judgment, it is only recognized that the defendant first exercised violence against the victim and committed an aggressive act to the victim, and the defendant tried to defend the victim's unfair infringement.

No action within the scope of a passive and low resistance shall be deemed to have been conducted.

Therefore, the defendant's act does not constitute self-defense, and the defendant's above assertion is not accepted.

Application of Statutes

1. The scope of recommendation and sentence for sentencing under Article 257(1) of the Criminal Act regarding the relevant criminal facts: Six months to two years (serious injury): the background and method of the instant crime, the degree of damage, the circumstances after the commission of the crime, and the recovery of damage.