1. The defendant shall be punished by a fine of one million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

On March 28, 2015, the Defendant: (a) around 13:30 on March 28, 2015, around D main points located in Busan Northern District, for the reason that KRW 100 was paid to the Defendant in the course of receiving the oil tax after calculating the water tax; (b) and (c) caused the Defendant’s head bonds to be frighted and shakeed so that the Defendant 14-day treatment was carried out.

Summary of Evidence

1. Legal statement of witness E;

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The defense counsel’s assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act asserts to the effect that the defendant exercised physical power in the course of resisting the victim’s violence at the time and constitutes a legitimate defense. However, in light of the situation and means of the instant case acknowledged by each evidence in the holding, the content and degree of the assault, etc., the victim unilaterally committed an illegal attack, or the defendant exercised physical power within the extent of passive defense as a means of resistance to protect himself/herself from an unlawful attack and escape therefrom.

Therefore, the above argument cannot be accepted.

It is so decided as per Disposition for the above reasons.