Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On October 4, 2015, at around 14:30 on October 4, 2015, the Defendant thrown garbage at a place where garbage is loaded at the residential marina located in C, and said, the Defendant does not say that the Defendant does not load garbage.

주의를 주던 이웃 주민인 피해자 D(68 세) 이 피고인에게 ‘ 쓰레기를 버리지 마라’ 고 말하자, 손에 들고 있던 플라스틱 바가지를 피해 자의 머리를 향해 던지고, 피해자의 멱살을 잡고, 손톱으로 피해자의 얼굴, 목 부위를 할퀴고, 발로 허벅지를 걷어찼다.

As a result, the Defendant inflicted bodily injury on the victim (the Defendant and his defense counsel argued to the effect that the Defendant’s act against the victim constitutes a legitimate defense or legitimate act by merely passive defensive act. However, according to the evidence duly examined and adopted by the court, the exercise of the Defendant’s tangible force against the victim is not limited to a simple defensive act to defend unfair attack, but also has the nature of an attack. Thus, the above assertion cannot be accepted). The summary of evidence is as follows.

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. A medical certificate of injury (4 pages 4);

1. Application of Acts and subordinate statutes on the body of the person under consideration;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;