A. Comprehensively taking account of the evidence presented by the prosecutor as to the argument of the crime of assault, the fact that the defendant committed an assault by pushing the shoulder of the victim C is recognized, and the defendant and the victim C are sponsed with each other in the state where the appraisal was sponsed at the time, so such act of assault cannot be deemed as an act of passive resistance.

However, the court below found the defendant not guilty on the ground that this part of the facts charged constitute passive resistance acts which are reasonable to be permitted by social norms, and thus, the court below erred in the misapprehension of facts.

B. Comprehensively taking account of the evidence presented by the prosecutor on the part of the alleged injury, the probative value of the victim E’s diagnosis document is recognized, and the victim E has made a specific and consistent statement on the circumstances in which the victim E suffered injury from the investigative agency to the court below’s decision, thereby recognizing the fact that the Defendant inflicted an injury on the victim E, such as the facts charged

However, the court below found the defendant not guilty on the ground that this part of the facts charged constitutes a case where there is no proof of crime.

2. Determination

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court rendered a not guilty verdict on this part of the facts charged on the ground that the Defendant’s act of breaking the shoulder of C, which the Defendant had sealed, was committed as a means of passive resistance against the use of violence by C, and that this constitutes an act that is reasonable to be acceptable by social norms, and thus, constitutes an act that is reasonable to be acceptable by social norms, and thus, the illegality of this part of the facts charged was avoided. (A) In so doing, while the Defendant refunded and refunded KRW 3.90,00 won to C, C and the Defendant spent the time.