A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On August 10, 2017, around 10:15, the Defendant reported that the Defendant was able to use the victim D (the age of 82) and vagabonds (the age of 82) on the ground that the Defendant’s mother was posted a box in the elevator of the 7th apartment of the Geum-gu, Busan apartment of the 7th apartment of the 2017.

As a result, the defendant abused the victim and suffered injury to the left side of the victim for about 12 weeks of medical treatment.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. E prosecutorial statement;

1. Medical certificate [The defendant and his defense counsel are merely passive defensive acts in the course of defending the victim's attack, and therefore they claim that illegality should be avoided. Even if the victim used the defendant at the time of the instant case, considering the circumstance of the assault, contents and circumstances of the defendant, it is reasonable to view that the defendant's act has the nature of an active attack against the victim. Thus, the defendant's act does not constitute grounds for excluding illegality. Accordingly, the above argument is rejected).

1. The legal provisions applicable to the crime and the reasons for the sentencing of the punishment pursuant to Articles 262, 260(1) and 257(1) of the Criminal Act regarding the choice of punishment [the scope of recommending punishment] of the crime of assault [the scope of punishment] of the aggravated area (6 months to 3 years), [the person under special special relationship] of the aggravated area (6 months to 4 years] [the decision of sentence] of bodily injury (2 and 4 years), the degree of the exercised tangible power is relatively minor, the degree of injury suffered by the victim, and the fact that the damage has not been recovered, etc.