Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

피고인은 2015. 5. 28. 14:40 경 울산 중구 C에 있는 D 병원 1 층 물리 치료실 앞에서 피해자 E( 여, 72세) 가 얼굴을 할퀸 것에 대해 화가 나 이에 대항해 자신의 손바닥으로 피해자의 우측 얼굴을 때리고, 손으로 머리카락을 잡아 낚아 채는 등 피해자에게 두개 내 열린 상처가 없는 뇌진탕, 우측 눈꺼풀 및 눈 주위 타박상 등으로 15 일간 치료를 요하는 상해를 가하였다.

Summary of Evidence

1. Legal statement of E;

1. A written diagnosis of injury (E) (E) (No. 11), and E face photographs;

1. The application of Acts and subordinate statutes as a result of the reproduction and viewing of video recording products;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserted that the defendant's act constitutes legitimate defense, since the defendant only asserted against the victim's act at the time of the instant case.

However, in light of the background, method, and degree of the Defendant’s use of force against the victim in this case, it was difficult for the Defendant to spoke each other by actively committing an attack beyond the passive defensive act.

Since it is reasonable to regard the defendant's act as a legitimate defense, the defendant's act cannot be viewed as a legitimate defense.

Therefore, the above argument is not accepted.