Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

피고인은 2013. 8. 18. 00:35경 문경시 C에 있는 피고인이 운영하는 ‘D주점’에서, 피해자 E(여, 55세)가 손바닥으로 피고인의 뺨을 수회 때리고, 발로 피고인의 몸통을 걷어찼으며, 이어 손톱으로 피고인의 양팔을 할퀴고 피고인의 머리채를 잡는 등 때리자, 양손으로 피해자의 머리채를 잡아 흔들고, 멱살을 잡았으며, 발로 몸통을 걷어차 피해자에게 약 2주간의 치료가 필요한 요추부염좌 등을 가하였다.

Summary of Evidence

1. A statement in court of a defendant (a statement that the defendant gets his/her head's debt);

1. Legal statement of witness E;

1. The legal statement of the witness F (a statement that the defendant believeds the victim);

1. Application of Acts and subordinate statutes, including a report on investigation (a suspect E injury diagnosis) and a written diagnosis of injury attached to the defendant (a witness E and his/her defense counsel denies the fact of injury, but it is sufficiently recognized that the fact of causing injury to the victim, such as the defendant's criminal facts, is sufficiently recognized according to the consistent statement

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion of self-defense by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant's act of securing the victim's head is a passive resistance and constitutes self-defense or legitimate act;

2. However, according to the above evidence, the defendant can be found to have committed an act identical to the facts stated in the crime by interesting the victim during the process of punishing the victim and doing so. Even though the victim inflicted an injury on the defendant, as long as the defendant committed the above act with the victim's intent of attack against the victim, the defendant's act cannot be deemed as an act to defend the victim's unfair infringement, and the scope of passive resistance.