Defendants are innocent.

1. On June 16, 2018, Defendant A, at around 21:35, 2018, performed the alcohol together with Defendant B, at the “Dju shop” located on the Busan Shodong-gu C and the 1st underground floor, Defendant A started horse-fighting with each other, considering that Defendant B’s separate name was followed by Defendant B, “A,” who had drinking in the side f where she was a business owner, was asked F, who had drinking in the side f.

At the same time and at the same place as above, the Defendants collected beer disease, which is a dangerous object in front of Defendant A and Defendant B, while the victim E was at a horse fighting with Defendant A, and she was scamed by Defendant A’s her hand, and continued to scam the face part of Defendant B once, and Defendant A scam the body part of Defendant B’s face part once due to the drinking with Defendant B, and Defendant A was scam by her hand, and Defendant B was scamd with the victim’s flick, and Defendant B scamed with the victim’s flick, by putting the victim’s flick with both hand over the bottom and flick up the part of the victim’s back water part once.

Accordingly, the Defendants jointly assaulted the victim.

2. Determination

A. The act of attack and defense was conducted annually between persons who conduct fighting in accordance with the relevant law, and the act of attack and defense was conducted simultaneously, and it is common that it is difficult to view that the act of attack and defense was a legitimate act for defense or self-defense because only one of the acts of attack and the act of defense was committed at the same time.

However, if one party unilaterally makes an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom even if the act seems to be a new affirmative attack, it is dismissed as it is reasonable to allow under the social concept and its illegality.