On December 16, 2016, the Defendant’s access to “D” located in Seosan-si C around 18:45 on December 16, 2016, at the street, the Defendant, who is a school ward, was dissatisfied with the Defendant’s complaint on the ground that the Defendant did not discuss his male problem in the ordinary male.

What is it?????????

D. D. H. H.T. H. H. H. H. H. H. H. H. H. H. H.

“In the course of a horse fighting with the notice of “Isket, Isnish, Isnish, Isnish, Isnish, Isnish, Isnish, Isnish, Isnish, Isnish, Isnish, Is.

“Influence of the horses, the victim’s face was shakened with breath by breathing the breath and hair, the victim’s fingers with breath, and the victim’s fingers with breath and walked with her fingers, and suffered injury, such as damage within the two parts, which require treatment for about 21 days, to the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Investigation report (report on verification of telephone conversations with witnesses);

1. Photographss of the state of damage and E-damage photographs;

1. According to the above evidence, it is reasonable to view that the situation of this case was fighting one another because the defendant received an attack from the injured person in advance, and went against the attack, rather than unilaterally against the injured person, in order to defend the attack.

Thus, since the defendant's act of prejudice has the nature of an attack at the same time as a defensive act, it cannot be viewed as a legitimate defense or excessive defense act (see Supreme Court Decision 2000Do228, Mar. 28, 200, etc.). The defendant and the defense counsel's assertion are not accepted.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning criminal facts, Article 257 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant also suffers a big damage).