The request of the applicant for compensation shall be dismissed.

The defendant is a person who was in a de facto marital relationship between the victim C (n, 49 years of age) and August 2, 2016.

On April 8, 2016, at around 23:00, the Defendant: (a) while drinking alcohol as the victim, at the victim’s residence located in Busan Northern-gu D 201, told the victim to “the wind soften,” and (b) took the victim’s face several times in drinking, and (c) took the victim’s body back and plucking the victim’s body several times, and then, (d) took the victim’s body back, and (e) took the victim’s body up several times, the Defendant d 201 and d 201.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A report on investigation (with respect to statements of witnesses);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes governing emergency department records;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination as to the Defendant and the defense counsel’s assertion under Article 32(1)3 and (2) and Article 25 subparag. 3 (the scope of Defendant’s liability for compensation is not clear) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation

1. At the time of the instant case, the Defendant was only the fact that the Defendant: (a) sold his arms to defend the Defendant on the wind that the Defendant continues to assault the Defendant; and (b) obstructed the Victim from returning back to the back; and (c) did not assault the Victim on the ground of drinking, or undergo the Victim’s body, and did not support the Victim.

The defendant did not have intention to inflict injury on the victim, and the defendant's act constitutes legitimate defense.

2. 판단 이 법원이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정, 즉 ① 피해자는 수사기관과 이 법정에서, ‘ 판시와 같이 피고인과 시비가 붙어 다투다가 피고인이 주먹으로 피해자의 얼굴을 수회 때리고, 팔을 뒤로 꺾은 뒤 발로 몸을 밟고 찼다’ 고 구체적이고 일관되게 진술한 점, ② 피고인의 행위로 피해자는...