The defendant shall be innocent.

A. In determining the facts, the Defendant merely prevented the victim E from leaving the Defendant due to prote childbirth, and did not cause the victim to go beyond the victim by viewing the victim’s left side or by pushing the chest as stated in the facts constituting the crime in the judgment below.

B. In light of the legal principles, even if the defendant's act was beyond the victim in the process of preventing the defendant from taking advantage of friendlyness, the defendant's act constitutes legitimate self-defense.

C. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. The Defendant in the facts charged of the instant case is the president of the Dongdaemun-gu Seoul Metropolitan Government District Partnership, and the victim E (the age of 72, female) was the former partner of the said Partnership.

At around 06:30 on July 5, 2013, the Defendant assaulted the victim on the ground that, while dialogueing with the victim and the cooperative members, the victim “at least 28 days, how much the victim gets money, less excluding the dysing, and less the dysing of the dys, and not doing every hysing,” and that the victim’s left side by assaulting the victim for about 28 days.

3. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decision 201Do7261 Decided November 10, 2011, etc. (see, e.g., Supreme Court Decision 2011Do7261).

The E’s original decision and the E’s decision are admissible as evidence consistent with the facts charged in the instant case.