The defendant shall be innocent.

1. On October 13, 2017, the Defendant, at the main point of “D” located in Eunpyeong-gu Seoul Metropolitan Government around 22:40 on October 13, 2017, used the victim E (42 years) and drinking alcohol on the ground that the Defendant took a bath, and used the victim’s face and body at a glass balance, which is a dangerous article on the table of the victim, when the victim gets off the head of the Defendant’s body, and talks the Defendant’s face and body by drinking, etc., he assaulted the victim by breaking the breath.

2. Between persons who conduct a fighting match to be judged, an act of attack and a defense has been conducted repeatedly, and an act of defense is called a justifiable act for the purpose of defending against an act of either party, both sides of which are the act of attack at the same time;

It is common that it is difficult to regard it as a party's defense.

However, if one party unilaterally commits an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape from such attack, unless it is evaluated as a new affirmative attack, it is reasonable to allow under social norms and its illegality is avoided (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). However, according to the F’s statement, an witness at the scene of the Defendant and the victim, according to the Defendant’s testimony at the scene, the Defendant appears to have been unilaterally committed by the victim, such as the Defendant’s head at the time’s disadvantage and the body met with the drinking face and body at the time. The Defendant suffered two weeks open address, etc. due to the victim’s assault at the time, and the Defendant consistently testified that the instant act was passive during the course of unilaterally taking advantage of the victim’s sexual assault, and even if the Defendant made a statement to the victim’s records, the Defendant was no longer defending the victim.