A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On February 21, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of injury, etc. at the Changwon District Court Changwon Branch Branch on November 28, 2018 and completed the execution of the above sentence at the detention house on November 28, 2018.

【Criminal Facts】

On November 4, 2019, at around 15:50, the Defendant: (a) sustained an injury on the part of the victim, who d (Nam, 59 years old) drive away from the restaurant in the C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun; (b) caused the victim’s inside and outside of the restaurant to drive the Defendant; and (c) caused the victim’s injury to the part of the part of the victim, who gets a bridge to the left side of the cafeteria, for about four weeks, to undergo approximately four- weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, and D;

1. Each police statement made to F and D;

1. A medical certificate;

1. 112 Reporting case handling table; and

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to investigation reports (verification during the same kind of power and the period of repeated crime);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Determination on the Defendant and defense counsel’s assertion under Article 35 of the Criminal Act among repeated crimes

1. 주장의 요지 피해자가 C식당 내에서 먼저 피고인의 얼굴을 때려서 피고인이 이를 피해 식당 밖으로 나왔으니 피해자가 따라 나와 피고인의 다리를 잡는 바람에 벗어나기 위하여 피해자의 얼굴을 발로 찼을 뿐이므로, 피고인의 행위는 정당방위에 해당하여 위법성이 조각된다.

2. According to the evidence duly adopted and examined by this court, the fact that the victim gets out of the restaurant due to driving away of the defendant, and left a bridge of the defendant is recognized.

However, the defendant's act is to protect himself against unfair infringement of legal interests, since he committed several violences on the part of the victim, as stated in the facts of the crime in the judgment of the defendant, even though the victim merely attached the defendant's bridge and did not exercise the direct force on the defendant.