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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On March 13, 2013, the Defendant, around 02:05, destroyed the victim C (24 years of age) who is a taxi passenger at Bupyeong-gu Incheon, Bupyeong-gu B apartment 205-dong-dong, and the Defendant was drinking at a time when the victim’s face was taken, and boomed the breath by hand, and booming it over the floor.

As a result, the above victim suffered bodily injury such as the left-hand side and the pelvis, etc. which require treatment for about 56 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C:

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (28 pages of investigation records);

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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant’s act constitutes self-defense as a passive defensive act against the victim’s exercise of tangible power and thus, the illegality is excluded.

In light of the background, means, and method of the instant crime revealed by the evidence revealed above, the Defendant’s act cannot be deemed as an act to defend the victim’s unfair infringement, and it is difficult to view that the Defendant’s act is within the scope of passive defense. Thus, the Defendant’s act does not constitute self-defense.

Therefore, the defendant's above assertion is without merit.

Although the degree of injury of the victim for the reason of sentencing is very important, considering the fact that the defendant has no particular force other than three times of fine, the fact that he is a person eligible for single-parent family benefits, and the fact that the victim has caused the instant fighting, etc.