Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

On February 15, 2013, at around 00:15, the Defendant suffered bodily injury, such as salt, spons, sponse, sponse, sponse, sponse, sponse, and sponse, which require approximately two weeks of treatment to the victim by using violence, such as cutting the victim’s hand, sponse, sponse, sponse, sponsing, and sponse, etc., while making a dispute with the victim D and 801 of Mapo-gu Seoul Metropolitan Government C Apartment 102 and 801.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses D in the fourth trial records;

1. Application of Acts and subordinate statutes to the verification report;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Determination as to the assertion of the Defendant and the defense counsel under Articles 70 and 69(2) of the Criminal Act, which are confined in the workhouse.

1. The defendant's act constitutes a legitimate act or self-defense inasmuch as the defendant's act was a punishment of franchis with the victim in order to keep his/her cell phone photographs against the defendant's will, even though the defendant was given a warning that he/she would stop taking the cell phone.

2. At the time of the instant case, since the victim taken the image of the Defendant, who was in custody of clothes within his residence against the Defendant’s will, the Defendant’s portrait rights were unlawfully infringed as alleged by the Defendant.

However, the right of portraits can be protected only if it is recognized that the value of protection is greater through the balancing of interests of other rights that conflict, like other rights protected by the Constitution.

이 사안의 경우 증거에 의하여 인정되는 다음 사정, 즉 피해자는 피고인이 동물보호소에서 데려온 개의 배 부위를 발로 찼다는 이유로 이에 관한 증거자료 수집을 위하여 촬영을...