A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 01:00 on June 23, 2015, the Defendant was in dispute with the victim C (31 tax) in front of the Young-gu, Suwon-si, Gyeonggi-do and the issue of the privacy of a woman-friendly Gu with the Defendant’s punishment. In short, the Defendant collected the view room, which is an object dangerous to the victim, and suffered an injury to the left side of the victim requiring approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement made by the police against C;

1. A medical certificate of injury (C);

1. Application of Acts and subordinate statutes (C) such as photographs of damaged parts;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the defendant's assertion that Article 32 (1) and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of liability for damages is not clear only by the materials submitted by the applicant for compensation, and it seems reasonable to recover damage through other legal remedies, such as civil procedure, etc.

1. The defendant's act stated in the facts constituting the crime as stated in the summary of the argument is merely a means to avoid violence of C, which constitutes legitimate defense.

2. In order to establish a political party defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into comprehensive account various specific circumstances, such as the type, degree, method, and level of infringement of the legal interest infringed by the act of infringement, and the kind and degree of the legal interest to be infringed by the act of defense (see Supreme Court Decision 2007Do1794, Apr. 26, 2007, etc.). In a case where the perpetrator’s act is carried out with one another’s intent to attack the victim’s unfair attack rather than with the aim of defending the victim’s unfair attack, and the attack was set up against it.