1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Punishment of the crime

At around 11:20 on December 17, 2012, the Defendant: (a) sought a bath from the Victim G (L, 61 years of age) waiting to take a free food, and (b) took away a tree stick on the victim’s left side and her hand, etc., who was waiting to be examined by the Defendant.

As a result, the Defendant inflicted an injury on the victim, such as distribution salt that requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the police officer in relation to H, I, and G;

1. Application of the Acts and subordinate statutes written in the injury diagnosis certificate (in the face of 33 pages of investigation record);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the victim G is self-defense inasmuch as the victim G is first of all, in order to defend the Defendant’s shoulder, by reducing a tree stick to defend him/her.

However, inasmuch as the act of saves during a series of mutual fighting, such as fighting, caused the other party to commit an act of violence, and thus, it does not constitute self-defense (see, e.g., Supreme Court Decisions 86Do1491, Dec. 23, 1986; 92Do1329, Aug. 24, 1993). Even if the victim is assumed that the victim first saved the Defendant’s shoulder with his own save as the Defendant’s assertion, the Defendant cannot be deemed to have committed an act committed during a series of mutual fighting, which was committed in the course of a series of mutual saves, and committed an act of exceeding or defending the victim’s improper attack.

Therefore, the defendant's above assertion is not accepted.

The reason for sentencing is that the defendant is the so-called so-called elderly living alone and suffers the quality between them, and is the recipient of basic living.