A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant, on October 30, 2017, around 09:17, around the house of the victim D( South, 63 years old) of this species of death village C in the Hanam-dong-gun, Hanam-gun, Hahnam-gun, the Defendant would not remove the knin.

Although the defendant was in dispute on the ground that he removed it, he saw the victim's chest part on the part of the defendant's chest on one time, and saw the victim's chest part on three occasions due to drinking, saw the victim's head on three occasions, saw the victim's head on three times, and saw the victim's neck over the stroke, and saw the victim's head on nine times due to a dangerous object in the cargo vehicle, the victim's head part on nine times, and sustained the victim's head part on nine occasions, and suffered injury, such as a stroke, which is a dangerous object in the cargo vehicle part.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Bluice stuffs images;

1. Deficial photo of an injury;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The Defendant’s assertion as to the Defendant’s assertion under Articles 53 and 55 subparag. 1 subparag. 3 of the Act on Reduction of Small Quantity, alleged that the instant special injury crime was committed in order to defend the Defendant, and thus, constitutes excessive defense. However, according to evidence, such as black stuff images, etc., it is reasonable to deem that the instant situation was punished by mutual fighting, rather than by the Defendant’s attack to defend the Defendant’s unilaterally against the victim and unilaterally against the attack, rather than by the Defendant’s attack.

Therefore, the Defendant’s aggravating act is both a defensive act and an attack act, and thus cannot be deemed as an excessive defense act (see Supreme Court Decision 2000Do228, Mar. 28, 2000, etc.). The reason for sentencing lies in the part of the head of the victim’s head and the part of the victim’s head, etc., and the Defendant’s number of units is one.