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

피고인은 2014. 9. 9. 05:20경 김천시 C에 있는 ‘D’ 204호실에서 성매매여성인 E과 성교행위를 하려고 하였으나 잘 안 되자 E과 다투고, 그 소리를 듣고 204호실에 찾아온 피해자 F(여, 64세)으로부터 뺨을 맞자, 피해자를 힘껏 밀쳐 방밖으로 튕겨나가 넘어지게 하여, 피해자에게 약 10주간의 치료가 필요한 좌측 대퇴골 전자간 골절 등의 상해를 가하였다.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Each police interrogation protocol concerning F and G;

1. Statement to E by the police;

1. The defendant and the defense counsel asserted that, at the time of committing the instant crime, the victim was not injured for 10 weeks of medical treatment, and even if the victim suffered bodily injury, it constitutes self-defense.

In light of the following circumstances acknowledged by the evidence mentioned above, ① the victim F and witness G investigative agencies and this court’s statements are consistent and consistent with the background and process of the crime of this case and do not seem to be false; in light of this court’s attitude of testimony, etc., the credibility is acknowledged; ② it is difficult to see that the victim F had spathn in relation to the part of the bodily injury of this case since there was no medical force prior to the crime of this case due to the spathrosis, etc.; ③ it cannot be deemed as an act to defend the victim’s bodily injury to the victim of this case’s violent act against E, and it cannot be seen as self-defense because it is difficult to recognize considerable reasons.