2016Maz. 2754(a) Violence

(b) Injury;

1.2.A

2.(a) B

Park Sang-sik (Public Prosecution Acting for Public Prosecutor), He/she shall hold a public trial.

Law Firm LLC (For Defendant A)

Attorney Hong-chul et al.

Attorney Funeral (for the defendant B)

August 8, 2018

1. Defendant A shall be punished by a fine of KRW 1.5 million. Where Defendant A fails to pay the above fine, Defendant A shall be confined in a workhouse for the period converted by one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

2. Defendant B shall be punished by a fine of one million won. If Defendant B fails to pay the above fine, Defendant B shall be confined in a workhouse for the period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

1. Defendant A

On June 27, 2016, around 20:20 on June 27, 2016, the Defendant was arguing that the victim B (577 years old) continued to engage in an election campaign in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the Defendant purchased the face face of drinking and caused the victim to suffer injury on the number of days of treatment.

2. Defendant B

The Defendant assaulted the victim A(the age of 49) by setting up against the assault at the date, time, and place under the above paragraph (1).

Summary of Evidence

[Defendant A]

1. Partial recording of witness B in the third protocol of trial;

1. Legal statement of witness E;

1. A photograph of damage;

[Defendant B]

1. Partial recording of a witness A in the third protocol of trial;

1. Application of Acts and subordinate statutes to damaged photographs (A);

1. Relevant Article 257(1) of the Criminal Act; Defendant A who selects a fine: Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Selection of a fine;

1. Detention in a workhouse;

Defendants: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendants: Determination on the Defendant A and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The assertion;

Defendant A merely pushed Defendant B at one arms to defend Defendant B’s unilateral assault, and did not see the face of drinking, and Defendant A’s act of harming Defendant B in his arms constitutes self-defense.

2. Determination

A. According to the evidence duly adopted and examined by this court, it is recognized that Defendant A suffered an injury on the part of Defendant B due to Defendant B’s face face in drinking, and Defendant B suffered an injury on the part of Defendant B due to the number of days of treatment.

B. In addition, comprehensively taking account of the situation before and after the instant crime was committed, the degree of injury of the instant case, the circumstances leading to the instant crime, etc., which can be acknowledged by the aforementioned evidence, the above act by the Defendant A is difficult to be deemed as self-defense. The above assertion by the Defendant A and the defense counsel is not acceptable. Determination of the Defendant B and the defense

1. The assertion;

Defendant B did not know that Defendant A was sealed, and such an act is recognized. Even if the act of Defendant A was performed by proxy, it constitutes self-defense or legitimate act.

2. Determination

A. According to the evidence duly adopted and examined by this court, the fact that Defendant B committed an assault by smuggling and harming Defendant A.

B. In addition, in full view of the circumstances before and after the instant crime was committed, the degree of damage inflicted on Defendant A, and the circumstances leading to the instant crime, etc., the DefendantB’s act cannot be deemed as self-defense or legitimate act. The above assertion by the Defendant B and the defense counsel is rejected.

Reasons for sentencing

1. Although the degree of injury suffered by Defendant A is not less than that of the victim, the indictment was instituted without consideration of the victim's king, but the indictment was modified during the trial, and the Defendant had no record of punishment prior to the instant case, etc., the punishment as ordered shall be determined by taking into account the various circumstances shown in the records and trial process.

2. The defendant B shall be sentenced to the punishment as ordered in consideration of the circumstances revealed in the records and trial process of this case, such as the background leading to the case, degree of violence, and circumstances after the crime.

Judges Labor-U.S.