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

On October 16, 2015, the Defendant, around 19:50 on the 19:50 Namyang-si, Cheongyang-ro, Cheongnam-ro, Cheongnam-ro, 68, was a trial expense for the reason that the Defendant and the Victim C were involved in the examination of the victim. In response to the assault of the victim, the Defendant, against the assault of the victim, was injured by the Defendant, such as the 5 waterside dyke, which requires approximately four weeks of treatment to the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. The witness D and E respective legal statements;

1. A written diagnosis of injury;

1. C/C photograph 【The Defendant did not have assaulted the victim at all, and, even if so, exercised the violence.

This argues that it constitutes a legitimate defense.

However, comprehensively taking account of the evidence duly adopted and examined by this court, it is sufficiently recognized that the defendant used violence, such as the charge (the witness of the defendant as well as D also the witness of the defendant, has committed an act of the defendant, such as harming the victim by drinking balths or harming the victim's losses, etc.

The testimony was made by the victim, and there was a fact that, at the time of the victim's existence in the hospital, E talked to the effect that the victim's body "I amba."

In addition, in light of the degree of assault against the victim and the degree of injury suffered by the victim, the Defendant’s act appears to have been fighting with the intent of attacking rather than exercising force against the victim to escape or defend the victim’s wrongful attack. Thus, it cannot be said that the Defendant’s act constitutes legitimate defense.

Therefore, the defendant's assertion is not accepted.

[Application of Acts and subordinate statutes]

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.