Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On April 28, 2016, around 08:50 on April 28, 2016, the Defendant, while engaging in a verbal dispute with the victim F (39 tax) in Gangdong-gu Seoul Building 2315, was able to take the face and body of the victim due to drinking, and went beyond the victim.

As a result, the defendant suffered from approximately 2 weeks of treatment for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Articles 70(1) and 69(2) of the Criminal Act concerning the custody of a workhouse (a) [a]he Defendant and his defense counsel asserted that the Defendant did not assault the victim, but according to the consistent statement and diagnosis of the victim G, a medical certificate of injury, and a photograph submitted by the victim under investigation conducted by the prosecution (the investigation record 117, 118 pages)];

Defendant

The defendant and his defense counsel's assertion that the defendant's crime constitutes a justifiable act to escape from the victim's assault, etc. or a legitimate defense. However, the defendant and the injured party's act of attack and defense committed in the course of fighting with a chain of conduct in the process of fighting, and the act of defense took the character of both attack and defense at the same time, and the act of defense was a legitimate act to defend one by either party only.

In common, it is difficult to see that the defendant's act is a legitimate defense, and in this case, it cannot be deemed that the defendant's act is a legitimate defense solely because the victim suffered more damage to the defendant. The defendant and the victim talked about one another, such as a blick, a defect, etc., and led to fighting, and the defendant left the place of the G and violence after the assault of this case. In light of the above, the defendant's act does not go against social norms.