The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

At around 01:05 on June 13, 2020, the Defendant: (a) performed an alcoholic beverage within the “C” drinking house located in Yansan-gu Seoul Metropolitan City, B, and (b) performed an alcoholic beverage dispute with the victim D ( South Korea, 60 years old); (c) as the victim was frightly threatened with the Defendant; and (d) as the victim was frightly threatened with the Defendant, the Defendant abused the victim by assaulting the victim by taking the victim’s neck against the victim, thereby causing injury to the victim, such as damage to the character of the other parts that require approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes, such as a written diagnosis of injury, recording records, CCTV video CDs (cinematographic images within the area);

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. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Determination of the assertion by the Defendant and his defense counsel under Article 59(1) of the Criminal Act of the suspended sentence

1. The gist of the assertion was that the Defendant exercised the force of force against the victim.

shall not be effective.

In addition, the upper part of the wood that the victim suffered is extremely minor so that it can be naturally cured and does not constitute an injury under the Criminal Act.

In addition, the defendant exercised a certain degree of tangible power to the victim.

Even if this is a means of resistance to protect himself from the illegal attack of the victim and escape it, it is justified as it constitutes a legitimate defense or a legitimate act that does not go beyond the limit of passive defense.

2. Determination as to injury

A. The injury in the crime of injury refers to the injury of a victim’s completeness or physiological function (see Supreme Court Decision 9Do4305, Feb. 25, 2000, etc.). 2) The injury diagnosis submitted by the victim of the crime of injury is generally medical after the doctor grasps the cause of the injury based on the victim’s statement.