The lower court convicted the Defendant of the injury caused by assault on the ground of the victim, F, and G’s statements without credibility despite the fact that the Defendant was not guilty, and even if there was a physical contact with the victim, it was a passive resistance to prevent the front of the Defendant and escape from the victim who actually detained the Defendant, and thus, constitutes a justifiable act. The lower court erred by misapprehending the fact that the Defendant was guilty of the injury caused by assault, based on the victim, F, and G’s statements

In full view of the fact that the defendant was aware of the fact that the victim was physically handicapped by the public prosecutor, and that the victim was trying to prevent the defendant from passing ahead at the time of the instant case, and thus, it appears that the defendant could have anticipated the possibility of passing over the victim if the defendant passed by leaving the victim, the court below acquitted the defendant about the injury, which erred by misunderstanding the facts and affected the conclusion of the judgment.

The sentence (200,000 won of fine) imposed by the court below on the grounds of unfair sentencing is too unjustifiable.

Judgment

Whether a certain act of the relevant legal doctrine is justified as a legitimate act that does not contravene social norms, and the illegality is excluded should be determined individually by examining the following specific circumstances. To recognize such legitimate act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act (see, e.g., Supreme Court Decisions 2002Do5077, Dec. 26, 2002; 2003Do300, Sept. 26, 2003); and (b) the type, degree, method, and method of infringement of the legal interests infringed by the act of infringement in order to establish self-defense under Article 21 of the Criminal Act.