Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On November 19, 2015, the Defendant, in response to the assault of the victim E (28 years old and south) in the street before Pyeongtaek-si, brought an injury to the victim, who is in need of medical treatment for about 28 days, by assaulting the victim's face at one time in response to the assault of the victim E (the victim E).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. Each police statement made with respect to G and H;

1. The defendant asserts that the defendant's act was done in the course of setting up against violence, such as E, and that it constitutes a legitimate defense, etc.

However, in light of all circumstances, such as the cause, circumstance, and situation of the occurrence of this case, the degree and contents of the victim's injury, which are acknowledged by the above evidence, the defendant's act has the nature of an attack beyond the limit of passive defense. Thus, it shall not be deemed that it constitutes a legitimate defense with social reasonableness for defending the victim's unjust attack.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Articles 70 and 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;