Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2015. 12. 20. 14:35 경 서귀포시 C에 있는 건물 화장실 앞에서 피해자 D(59 세 )에게 “ 뭘 쳐다봐 ”라고 말하면서 시비가 되어 피해자에게 얻어맞게 되자 화가 나서 팔로 숨이 막힐 정도로 피해자의 목을 졸랐고( 일명 ‘ 헤 드락’) 피해 자가 이를 벗어나려고 손으로 뿌리치면서 몸부림쳐 함께 바닥에 넘어지게 되었는데, 피고인은 바닥에 누운 상태에서도 계속하여 팔로 피고 인의 위에 있던 피해자의 목을 졸라 피해자에게 약 2 주간 치료가 필요한 목뼈의 염좌 등의 상해를 가하였다.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of suspects of D;

1. Written statements prepared in D;

1. A medical certificate;

1. On-site photographs, video CDs, caps (the defendant and his defense counsel did not see the victim's body and body in a dular with his arms at the time, and did assault by the defendant, such as flabing the victim's breath, etc.

It argues that this is to escape from unilateral assault of the victim, and it is a legitimate defense.

The following circumstances revealed by each of the above evidence, namely, ① the victim, in an investigative agency and this court, had the victim drinked first at the time of drinking with the defendant, and the defendant also had the victim go to drinking, but the victim was faced with his body by drinking with his arms while avoiding it. At that time, the defendant left the part of the victim at his arms to get out of it, and the victim skeed his body with his body to get out of it, and the victim went to the floor with the defendant. The defendant continued to sweak the part of the victim who was on the front side of the defendant on his arms while coming to the floor, and the victim got out of the part of the victim who was on his arms and got out of the part of the hedging.