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The defendant shall be innocent.
Reasons
1. The summary of the charge is as follows: (a) on October 9, 2016, the Defendant: (b) on the street in front of the Defendant’s house located in Daejeon-gu Daejeon-dong, Daejeon-gu, on the ground that water flows in front of his residence due to the three-lanes of the Defendant D ( South, 79 years of age) by neighboring related persons D; (c) on the ground that the Defendant’s three-lanes of the Defendant are drinking in front of his dwelling, the Defendant: (d) shouldered a stick (m in length, 90cm in diameter; 1cm in diameter); (d) spreaded water to the victim; and (e) spread the victim’s right shoulder by drinking in his body fighting; and (e) shouldered the victim’s left hand.
As a result, the defendant caused the victim to be able to know the number of days of treatment by the number of units with which the victim cannot be identified.
2. Determination
A. In order to establish a legitimate defense under Article 21 of the Criminal Act, the act of defense must be socially reasonable, taking into account all specific circumstances such as the type, degree, method of infringement, completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense (see Supreme Court Decision 2007Do1794, Apr. 26, 2007, etc.). To be recognized as a legitimate act under Article 20 of the Criminal Act, the act of defense must meet the following requirements such as the motive or justification of the act; first, the motive or justification of the act; second, the reasonableness of the means or method; third, the balance of the legal interest to be protected and the legal interest to be infringed; fourth, urgency; fifth, there is no other means or method other than the act (see Supreme Court Decision 2003Do3000, Sept. 26, 200). b.
1) The victim and the Defendant are residents living in adjoining areas.
On October 9, 2016, in front of the defendant's house located in Daejeon-dong, Daejeon-gu, Daejeon-gu, on the ground that the defendant's son E differs from his own house and water gets in front of her house, the victim displayed a stick to E, the defendant, and the F (90cm in length, 10cm in diameter).
The surface of the above cane is Guide, and the inner is iron, and the weight is about 1 kg.