상해
The judgment of the court below is reversed.
The defendant is innocent.
1. The gist of the grounds of appeal is that the defendant's act was erroneous in misunderstanding of facts or misunderstanding of legal principles, even if the defendant's act was dismissed as it constitutes legitimate defense, legitimate act, or emergency evacuation, since the victim interfered with visitation rights with the children of the defendant and was inevitably contested by using violence first.
2. Determination
A. On September 24, 2017, around 11:05, the facts charged in the facts charged in the instant case revealing that the Defendant her friendly E on the road located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, the Defendant her friendly E on the road in front of the Dived Party in Seongbuk-gu, Sung-nam-si, and then her friendly and her friendly son, and the victim her her flab, and the victim her her flab, who she her her flab, her her flab, and her flab, her her her flab, and her her flab, who her her flab, her her f
B. The court below found the defendant and the victim guilty on the ground that the defendant's act does not constitute legitimate self-defense or legitimate act, in full view of the following: (a) the dispute between the defendant and the victim occurred in the process of gathering visitation after the interview right is completed; (b) the victim could not be deemed to have interfered with the victim's actual infringement of the visitation right; (c) the victim first flabed and attacked flab; (d) the defendant used violence, such as flabing flabing and pushingening flab, etc. to oppose the attack; and (e) the victim was 10 days before the flab and the defendant did not have a big difference in the degree of injury on both sides, due to the injury requiring medical treatment of 14 days, etc.
C. (1) Before the decision of the party, the attack and defense are continuously cross-sectioned and the attack and defense are simultaneously conducted.