A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

On June 6, 2017, around 14:00, the Defendant carried out physical fighting with the victim D (e.g., 78 years of age) on the elevator of 1307, Seo-gu, Seo-gu, Daejeon, and its front corridor, and carried out physical fighting with the victim, such as flabing and pusheding the flab of the victim. On the part of the victim's left hand, the Defendant asked the victim for about three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written diagnosis of injury;

1. A photograph of the upper part of the body;

1. Application of elevator image CD-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts and Article 257 (1) of the Criminal Act that choose a penalty;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant was assaulted by the injured party and set up against the defensive party, which constitutes legitimate defense.

2. Determination

(a)an act of a political party to defend against an act of an ordinary attack and a defense is conducted simultaneously between the persons making the same fighting and at the same time between the acts of a attack and the acts of a defense are in the nature of both sides, which are the acts of an attack. Even if they appear to be fighting one another, in fact one party unilaterally commits an attack, and the other party exercised force as a means of resistance to protect himself/herself from such attack, barring special circumstances, such as that the other party unilaterally committed an attack and exercised force as a means of resistance to escape from it;

B. According to the evidence of the court below, the Defendant’s act of attacked first is not a legitimate defense (see, e.g., Supreme Court Decision 2011Do13927, Dec. 8, 2011). The act of attacked with the intent of attacked with one another and set up against it cannot be deemed as a legitimate defense (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000).