The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. 공소사실 피고인은 2015. 5. 7. 23:20 경 부산 금정구 C에 있는 피고인의 집에서, 피고인의 어머니와 내연 관계에 있었던 피해자 D(54 세) 이 집에 몰래 들어와 피고인의 어머니와 말다툼하고, 피고인의 동생을 폭행하자 이에 대항하여 피해자의 얼굴과 오른쪽 옆구리 부분을 주먹으로 때려 코피가 나게 하고, 쓰러진 피해자의 허벅지와 오른쪽 귀 부분을 발로 수회 찼다.

As a result, the defendant suffered a cage cages that require approximately four weeks of medical treatment.

2. Whether a certain act does not violate social norms and the illegality of a certain act is excluded should be determined on an individual basis by taking into account specific circumstances. Thus, to recognize such legitimate act, the following must meet the following requirements: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the legal interests of protected interests and the interests infringed; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act; and (ii) defense should be socially reasonable in light of the legal interests infringed by the act of infringement in order to establish legitimate defense as prescribed in Article 21 of the Criminal Act, including the type, degree, method, and method of infringement; (iii) the kind and degree of the legal interests infringed by the act of infringement; and (iv) type and degree of the legal interests infringed by the act of defense (see Supreme Court Decisions 2005Do3940, 205Do15, Sept. 30, 2005; and (iv) the act of defense by the victim and his family member’s attacked by the crime.