Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On October 23:15, 2016, the Defendant: (a) 23:15, on the front side of the Busan, the Defendant: (b) boarded the taxi passengers driveed by the victim D with the taxi passengers and did not clarify their destination; (c) and (d) caused the victim’s physical fighting by gabbing the bat from the taxi, which would not be a vision, and then boomed the victim.

In this respect, the defendant injured the victim by the influence of the unit that requires medical treatment for two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the investigation report;

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

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant asserts that the Defendant’s assertion constitutes a legitimate defense to prevent an attack by the victim, although he/she has taken and pushed down the victim’s breath.

However, in light of the above criminal facts, the defendant's body was fighting between the defendant and the victim's body and the process that the defendant suffered bodily injury, such as the right shoulder, and the victim suffered bodily injury from the opposite part of the left part, etc., it is reasonable to view that the defendant's act is not merely a simple defensive act to defend the victim's unfair attack but also has the nature of an attack (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000). Accordingly, the defendant's above assertion is not acceptable.