The defendant is not guilty. The summary of the judgment against the defendant shall be published.

A. misunderstanding of facts and misapprehension of legal principles, the Defendant committed passive defensive acts in order to escape from violence by C, and thus, the Defendant’s act constitutes a legitimate defense or legitimate act, and thus, is not unlawful.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged is that the Defendant and C resided in a neighbor’s house and frequently disputed it as it is not good for others.

C On June 12, 2016, around 08:30, the Defendant residing in the Daejeon Seo-gu Daejeon apartment No. 102, 1104, supra, and the Defendant living in the same heading 1103 of the Dong-gu, Daejeon.

"A person who received a high resistance," "I did not throw away," "I am h'h, am h'h, brue the body of the defendant several times with the body of the defendant, etc., and assaulted the wall by using a cell phone with the head of the defendant on a single occasion, making the cell phone with his/her hand on a single occasion."

Accordingly, the Defendant opposed to C’s act, and assaulted, such as “packer ma, packer, and thrown away,” and “packing C’s greenhouse body with his own body several times.”

B. The lower court determined that according to the witness C’s legal statement, the Defendant could not be deemed as a legitimate defense, since the Defendant’s act was at the same time an attack with C during the process of disputing with C, and thus, the Defendant’s act cannot be deemed as constituting a legitimate defense.

(c)

The judgment of this court 1) It is common that it is difficult to view that the act of attack and defense was committed annually between the fighting parties, and that the act of attack and defense was committed simultaneously, and that the act of attack was called a "political act" for the purpose of defense or a "political defense" in which either party's act was committed only.

However, the two sides are mutually.