Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On October 29, 2014, at around 19:00, the Defendant assaulted the victim when she took care of the victim’s face to the victim’s float who was on the part of the victim’s float, on the ground that the victim E, who is not adequate to conduct a flat appraisal, expressed the victim’s desire to another float to the other float of the friendship conference.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and his defense counsel did not have any fact that the Defendant saw the victim’s breath, and the Defendant exercised the force on the victim at the time.

This constitutes a legitimate defense as a defensive act against the defendant's head when the victim was drunk. At the time, the defendant was in a state of mental and physical weakness under the influence of alcohol.

The argument is asserted.

According to the evidence of the judgment, the facts of assault against the defendant's victim are recognized.

B. Considering the fact that there is no particular evidence to acknowledge the fact that the injured person was the defendant in addition to the defendant's statement, it is difficult to view that the defendant's act constitutes a legitimate defense.

In addition, according to the records, the defendant dices alcohol at the time.

Even if so, it does not seem that the ability to discern things or make decisions has been weak or lost.

Therefore, the above argument is not accepted.