The defendant shall be innocent.

1. The facts charged C (41 tax) is an individual employee, and the defendant (60 tax) is a person who works as a logistics delivery article from a company "D" to a logistics delivery article.

C On December 23, 2016, around 19:15, at the “F” parking lot located in E, the Defendant was unable to move his vehicle due to the Defendant’s vehicle, and the Defendant demanded the Defendant to move the vehicle by telephone. On the grounds that the Defendant had delayed parking, the Defendant was able to live in the driver’s seat, and caused the Defendant’s injury to the upper gate, which requires two weeks of treatment.

The Defendant assaulted the said C’s chest and kneee, which were in front of the driver’s seat of the vehicle by opening and closing the vehicle door four times in the vehicle while he fated with fating his fat, with his fat, when he was seated in his driver’s seat in order to park a mobile parking in line with C’s telephone at the above time and at the above location.

2. Determination

A. In a case where one party unilaterally commits an unlawful attack and the other party uses a tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom, unless it is deemed as a new affirmative attack, it is reasonable to deem the illegality of the act by the defendant as a passive act to protect himself/herself from such attack and as a means of resistance to escape therefrom (see Supreme Court Decision 9Do3377, Oct. 12, 199, etc.). (b) In full view of the following circumstances revealed by evidence duly adopted and investigated by the court, it is reasonable to deem that the act by the defendant is unlawful since it is a passive act to protect himself/herself from the assault and protect it, and is reasonable to allow it in light of social norms.

(1) The Defendant is at the F parking lot at the time of the instant case.