Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

Around 01:00 on April 4, 2013, the Defendant committed an assault on the victim E and the victim F, respectively, on the right left side of the victim E (ma, 21 years of age) while engaging in a dispute with one another at the expense of the victim E (ma, South and 21 years of age) in front of the D week located in Daegu Northern-gu C, and committing an assault on the victim E and the victim F, respectively, by putting the victim E and the victim F on two occasions at the right side of the victim F (ma, 21 years of age).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. The defendant and his/her defense counsel's judgment as to the assertion of the defendant in the investigation report (victim E) and his/her defense counsel are when the defendant defends the victims passively during the course of unilaterally being surrounded by five persons, including the victims. The defendant did not have the intention of assault, and the defendant is a passive defensive act, which constitutes a justifiable act. However, according to the above evidence, the facts charged are found guilty and the defendant's passive defensive act was not neglected. Thus, the above assertion is rejected.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;