Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On May 30, 2012, around 19:30 on May 30, 2012, the Defendant: (a) at the Yangcheon-gu Seoul Metropolitan City cafeteria; (b) at the victim D (57 years of age) and Si expenses, and was assaulted from the victim; (c) took the victim’s face one time at the hand, and (d) taken the victim’s hair, chest, etc. on the drinking, the Defendant was scarbing with the victim for about two weeks.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of police suspect regarding D;

1. A protocol of partial police interrogation of the accused;

1. A complaint;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. As to the defense counsel’s assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that the crime of this case constitutes legitimate self-defense as an act to defend the defendant from the victim’s assault.

However, in light of the motive and circumstance leading up to fighting between the defendant and the victim, the process of fighting, the degree and result of the victim's injury, etc., the crime of this case cannot be deemed as self-defense since it has the nature of the defendant's act of attack against the victim's attack. Thus, the defense counsel's assertion is not accepted.