A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

On April 11, 2013, at around 21:15, the Defendant: (a) discovered his cell phone by the victim E (the age of 45) who drinks together in the Defendant’s house living room in Gwangju Mine-gu C 102 Dong 508 (D apartment) (D apartment) and discovered his cell phone; (b) floated the Defendant’s bating bat, and fatd the Defendant’s fat with an empty bottle, which is a dangerous object on the floor, and fatd the Defendant’s left part, and put the victim into a diver diver, etc. on the left side of the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E and F;

1. As to the Defendant’s assertion on the emergency medical services log and emergency set forth in each item, the Defendant asserted to the effect that, at the time of determining the Defendant’s assertion, it constitutes self-defense or legitimate act since the victim prices a victim who was inevitable to remove him/her, etc., and thus, he/she fell under the victim’s own self-defense or legitimate act. However, in full view of the evidence presented earlier and the location of the victim’s wife, etc., comprehensively taking account of the victim’s aforementioned evidence and the location of the victim’s wife, the Defendant’s assertion that “after the victim’s act was completed, the Defendant released him/her to her, and continued to commit a harmful act between him/her and the victim.”

Furthermore, even in light of the overall circumstances acknowledged by the evidence of this case, the Defendant’s act is merely an act of defense against the victim as an attack against the victim, and at the same time an attack against the victim, it is not deemed that the act was reasonable to escape from the infringement.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is the defendant for the last seven years.