폭행
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the factual errors or misapprehension of the legal principles) is reliable, while the statement of the defendant is not reliable, and the defendant's act is considered as an attack beyond the passive act against the victim, and thus does not constitute self-defense or legitimate act. However, the court below acquitted the defendant of the facts charged in this case on the ground that the defendant's act constitutes self-defense or legitimate act. Thus, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Around 14:50 on September 10, 2012, the Defendant: (a) around 14:50, the Defendant: (b) around 14:30 of the instant facts charged, around 14:30 of the same day, the victim C (the age of 69) who demanded the Defendant’s speech and behavior in the subway station located in Seocheon-dong, Seocheon-gu, Busan; (c) took a common bath for the Defendant’s speech and behavior in the subway station; and (d) assault the victim’s chest with both hands.
3. The court below found the defendant not guilty on the ground that the defendant's act constitutes a passive act of defense against the victim's attack, as self-defense or a legitimate act, after recognizing that the defendant's act constitutes a legitimate act of self-defense or a legitimate act, when the defendant and the victim were able to get the victim to get out of the front line as the victim left the front line while getting out of the front line with the defendant while the defendant and the victim were waiting in the front line and getting out of the subway line, based on the evidence adopted and examined by the court below. Accordingly, the defendant's loss of the victim was cut down by the victim who gets out of the front line of the victim, and the defendant continued to get out of the front line of the victim. The defendant recognized the fact that the victim again gets out of the victim's neighboring house with the victim's clothes when the victim gets out of the front line of the defendant, and that the defendant's act was not illegal.
4. Determination of the Committee.