Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On November 22, 2016, the Defendant assaulted the victim E (33 tax) and the victim who drinking alcohol at around 03:30 a.m. at around 03:30 a.m., the main point of "D", and 4 a.m., on the ground that the victim expressed a desire, the Defendant committed assault, such as drinking and drinking alcohol, when drinking and drinking the victim’s face.

As a result, the Defendant inflicted injury on the victim, such as the closure of a peltos that require treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Investigation report (as to the statement made by the doctor on duty on the part of the doctor on duty);

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

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

1. Determination as to the assertion of the defendant and his/her defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act, which bear the costs of lawsuit

1. The alleged defendant is only when the victim took a beer's disease and tried to see the defendant, and the face of the victim is taken several times at the defensive level, which constitutes a 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;

It does not constitute a legitimate defense (see, e.g., Supreme Court Decision 2011Do13927, Dec. 8, 2011). Moreover, the attack was first carried out with one another’s intent to attack, and the attack was set up against it.