Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendant

A is a person who operates F, and Defendant B is a person who operates G, and the Defendants are in competition with each other while operating the same kind of business in the same neons.

1. Around January 4, 2013, Defendant A passed the G of the Victim B (the age of 43) located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and took a bath to the victim, such as “ how to perform funeral services,” and as a rain, Defendant A inflicted injury on the victim, such as cutting the victim’s breath, and cutting the body of the victim’s face by drinking, and cutting the 28-day body of the victim’s face.

2. Defendant B suffered violence from the victim A (the age of 49) at the above date and time, and at the same place, the Defendant used breath of the victim’s breath, and received the victim’s breath’s breath from her head, thereby causing injury to the victim, such as humcon and humcon, which requires treatment for about 21 days.

Summary of Evidence

1. Defendant A’s legal statement

1. A’s legal statement;

1. Each injury diagnosis letter, injury part photograph (B);

1. Application of the Acts and subordinate statutes of the injury diagnosis certificate and the injury part photograph (A);

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Defendant B and defense counsel’s assertion of Defendant B and defense counsel under Article 334(1) of the Criminal Procedure Act regarding provisional payment order asserts that even if the Defendant inflicted an injury on the victim, this constitutes self-defense to defend himself/herself from unilateral assault of the victim.

However, in full view of the background and process of fighting between the Defendant and the victim in the records of the instant case, it can be recognized that the Defendant received an attack first from the victim and did not merely defend the victim, but also constituted a harmful act against the victim. The Defendant’s act is accompanied by the defensive act.