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

피고인은 2016. 12. 10. 17:30 경 전 남 해남군 북평면 이진 1길 21-5에 있는 이진 마을회관 앞 공터에서 피해자 B(69 세) 등과 윷놀이를 하던 중 피해자에게 윷놀이에서 진 것에 화가 나 주먹으로 피해자의 오른쪽 귀 부위를 1회 때려 피해자를 바닥에 넘어뜨려 피해자에게 약 4 주간의 치료가 필요한 우측 7, 8 번째 늑골 골절 등의 상해를 가하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to B;

1. A written request for medical treatment;

1. Application of Acts and subordinate statutes of a report on investigation (in cases of attaching a medical certificate, witness C telephone statement);

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant asserts that Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (a) recognizes the fact that the defendant inflicted bodily injury upon the victim as stated in the facts constituting a legitimate defense because the victim first got the defendant at the time.

However, in light of the background leading up to violence between the defendant and the victim recognized by each evidence of the judgment, the method of exercising the force of the defendant, and the degree of injury to the victim, etc., the defendant's act in the judgment of the defendant is not merely a passive defense against the victim's unfair attack, but also has the nature of the act of attack against the victim. Thus, it cannot be viewed that it constitutes a legitimate defense

We cannot accept the above assertion)