Text
Defendant shall be punished by a fine of KRW 400,000.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On February 7, 2013, at around 05:20 on February 7, 2013, the Defendant was assaulted from the victim D (the age of 33) in the Daegu Dong-gu C restaurant, Daegu-gu B, and caused an injury to the victim’s face by making it difficult to identify the date of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Application of Acts and subordinate statutes governing standing photographs;
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. The Defendant alleged to the effect that the above act constitutes self-defense and thus, the illegality of the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is denied. However, in full view of the form of the act of the instant crime, the background of the crime, the situation at the time of the crime, the degree of the injured party’s situation, etc., it is reasonable to deem that the Defendant’s act was an act committed with the intent of attack beyond the mere defense means, and it cannot be deemed as self-defense. Thus,