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 September 1, 2016, at around 17:30, the Defendant, in front of the packing end of Dobong-gu Seoul Metropolitan Government, had the victim’s face while drinking alcohol with the victim D (67 years of age). On the ground that the Defendant was under the victim’s age and under the influence of alcohol, the Defendant got humbling with each other, and caused the victim to humbly string the eye of the victim’s face in one time on the ground that the Defendant’s eye was bad.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes to photographs of inflicting bodily injury on a victim;

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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the alleged defendant is friendly with the victim's awareness by his/her hand, this is to defend himself/herself in the course of being assaulted by the injured party, and the illegality is excluded as it constitutes a legitimate defense.

2. The acts of attack and defense are conducted throughout the course of ordinary acts of attack and defense, and the acts of attack are simultaneously in the nature of both sides, which are the acts of attack. Thus, even if they appear to be fighting between the parties, in fact, one party unilaterally commits an attack, and the other party exercises tangible power as a means of resistance to protect himself/herself from such attack, barring special circumstances, such as where one party unilaterally commits an attack and the other party exercised such power as a means of resistance to escape from such attack;

(1) The Defendant and the injured person, recognized by the evidence duly adopted and investigated by the court, cannot be deemed as constituting a legitimate defense (see, e.g., Supreme Court Decision 2011Do13927, Dec. 8, 201). The motive and circumstance leading to fighting by the Defendant and the injured person.