On May 8, 2013, at around 23:30, the Defendant 23:30, at the dwelling room of the Defendant located in Changwon-si, and at the dwelling room of the Defendant, C saw that “I am locked, because I am locked,” and called “I am am hicking, I am hicking,” and am hicking to the Defendant on the ground that I am am hicking, and that C am hicked with a hand hick, as I am hick and am hicked, I am hick down to the victim.

2. Determination

A. Generally, it is difficult to view the act of attack and the act of defense committed by one of the parties as “political act” or “self-defense” or “self-defense” because the act of attack and the act of defense occurred simultaneously between the two parties. However, even if they appear to be one of the fightings, in fact, one of the parties unilaterally commits an illegal attack and the other party uses tangible power as a means of resistance to protect himself/herself from such attack and escape therefrom, unless it is deemed that the act is a new affirmative attack, it is reasonable that it is permissible under the concept of society (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010).

In light of the above legal principles, according to the records, the defendant and C exercised tangible power, such as cutting off or sprinking the defendant's neck by hand in the process of making ditches between the defendant and C, in order to escape from it, and thereby, C suffered a fruit from his arms.