Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

At around 16:00 on April 11, 2014, the Defendant inflicted an injury on the Victim F (the age of 45) with the head of the Victim F (the age of 45) who takes a bath while taking a bath in the E agency located in Jinju-si, Jinju-si, on the part of the victim, and caused approximately 14 days of medical treatment to the victim.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (F);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the defendant's assertion argues to the effect that the illegality of the defendant's act is excluded since the defendant's act was merely a passive defensive act to restrain the victim's non-discriminatory violence.

2. Determination

A. Comprehensively taking account of each evidence in the holding, the following circumstances are: ① A victim F and G who observed the instant case, or H’s investigative agency or this court’s statement: (a) according to one’s hand, the victim took one’s head debt and took another hand; and (b) the Defendant was also aware of the victim’s head debt; and (c) under the circumstance where the Defendant and the victim took one’s head debt, the Defendant’s change that the victim was frighting the Defendant’s head debt cannot be accepted in light of the empirical rule because it is difficult for the Defendant to obtain the victim’s head debt, and ③ the Defendant and the victim suffered injury, such as the Defendant’s head debt and tension.