A defendant shall be punished by imprisonment for two years.

Criminal facts

On June 24, 2015, at around 00:05, the Defendant: (a) expressed the victim’s desire to “cock, etc.” to the victim in front of the restaurant run by the victim E (n, 74 years of age) in Songpa-gu Seoul, and (b) took a vision, the Defendant saw the victim as “cock, etc.,” and (c) saw the victim as a dangerous object for the victim’s travel, which was going to the Defendant’s sleep, with a golf seed (No. 6 Arabic, No. 90cm in length, No. 1), the victim’s face was calculated once at approximately five weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Diagnosis reports and investigation reports (including submission of medical certificates);

1. Attachment of a photograph of the tools of crime and the part of the injury of the victim, and of a photograph of the part of the injury of the victim;

1. There is credibility in the victim E’s statement to the effect that one of the seized golf loans (No. 1) is present [the defendant only pushed the victim with golf loans to the effect that he did not have the face value, but the defendant stated in the police that “the defendant gets off the face of the victim once with golf bonds.” In addition, there is credibility in the victim E’s statement to the effect that the defendant has displayed golf loans to the victim’s face, and comprehensively takes account of each of the above evidence, such as the degree of injury to the victim and the part, etc., the defendant may fully recognize the fact that the victim’s face was calculated once with golf bonds, such as the crime in the judgment of the court below].

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Whether discretionary mitigation is a legitimate self-defense or excessive self-defense, which is advantageous to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following circumstances);

1. The gist of the assertion was the victim’s personnel affairs.