Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

On September 5, 2018, the Defendant, at the “C” fishing place located in Sacheon City B, around September 19:10, and at the “C” fishing place, the victim D (the victim D) leased the above fishing place to another person, suffered bodily injury, such as damage of ear’s character, which requires approximately four weeks of medical treatment, due to the breath’s bomb and the spathing of both ear, and the spathing of both ear.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to E by the police;

1. Photographs (D) and written diagnosis of injury (D) (the defendant and his defense counsel asserted that the defendant's act constitutes a justifiable act as a passive resistance. However, according to the evidence duly adopted and investigated by this court, even if the victim first attacked the defendant, considering the circumstances leading up to the crime of this case, the situation at the time of the crime, and the form and degree of the assault inflicted by the defendant, etc., it is reasonable to deem that the defendant's act was an attack with the intent of attacking the victim first rather than with the intent of defending the victim's unfair attack, and as such, the act of attack is deemed to be a self-defense or a legitimate act, since it has the nature of the attack at the same time as a defensive act (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 200). Therefore, the above argument is rejected).

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;