상해
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. On April 23, 2016, the Defendant: (a) around 19:00 on the facts charged, on the ground that the victim E (the age of 63) and the shoulder were faced with each other in the singing room located in Dongjak-gu Seoul Metropolitan Government, the Defendant got off from the victim with drinking and sprinking; (b) against the victim, the victim’s face and left shoulder were set up six times, thereby causing the victim to suffer an injury in the number of days of treatment.
2. In light of the following factors: (a) the Defendant’s act is a passive resistance to defending the unfair infringement of E, which continues to exercise violence, and is a legitimate act of self-defense under Article 21 of the Criminal Act or Article 20 of the Criminal Act, in view of the witness F’s statement of the fact that E was emphasizing the face of the Defendant by going on the floor of the Defendant’s body, and the part and degree of the injury suffered by the Defendant and E in this case, the Defendant’s act constitutes a legitimate act under Article 20 of the Criminal Act.
3. In conclusion, since the facts charged in this case do not constitute a crime, a judgment of innocence shall be rendered pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of judgment shall be publicly announced pursuant to Article 58(2) of the Criminal Act. It is so decided as per Disposition