폭행
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds for appeal is that the victim sleeps the victim's hand in order not to be forced to lead the victim's knife due to the defendant's knife, and there is no assault on the victim.
2. Determination:
A. On April 14, 2014, at around 12:30 on April 14, 2014, the Defendant: (a) assaulted the victim E in “D cafeteria”; and (b) assaulted the victim’s hand knife by drinking any defect in order to catch the knife; and (c) assaulted the victim’s hand knife.
B. B. The act of attack and defense committed by a person who puts a fighting in line with the party’s determination, and at the same time, the act of attack and defense was committed, and it is common that it is difficult to view that the act of attack and defense constituted “political act” or “self-defense” for the purpose of defense by leaving only one of the acts of the parties.
However, in a case where one party unilaterally commits an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom, unless it is evaluated as a new affirmative attack, it is reasonable to allow under social norms (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). According to evidence duly adopted and examined by the court below, according to the evidence duly adopted by the court below, the defendant consistently refused the investigation from the first police to the trial of the party, stating that “the victim is "consort about his/her own body and her own body,” and the victim took the arms of the defendant at his/her own expense and her own will, again, made a statement that it is only a fact that the victim spreads the defendant’s s will again, and the victim tried to make a statement in the court below.