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The judgment of the court below is reversed.
The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
Reasons
1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) is that the Defendant only prevented the Defendant from defending and blocking any further attack after having been assaulted by C, and there is no fact that he actively exceeded C or she spawn up C.
In the process of preventing the Defendant from assaulting C, it is also a so-called passive resistance, which constitutes a justifiable act, and thus, illegality is excluded.
2. Determination
A. A. Around 12:00 on June 10, 2013, the Defendant: (a) around the face from the victim C (the age of 53) in the vicinity of the vinyl Dondong Don-gun, Gyeong-ri, Gyeong-ri, Gyeong-ri, Gyeong-ri, Gyeong-ri, the Defendant: (b) met the left-hand side of the face; (c) dumped the body of the victim against him; (d) pushed the body of the victim over the floor; and (e) dumped the victim’s timber, and (e) dump, etc. requiring approximately three weeks medical treatment.
B. The lower court found the Defendant guilty of the aforementioned facts charged in full view of the admitted evidence.
C. In light of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court below, it is difficult to believe that C’s statement that the Defendant suffered an injury by assaulting the same content as the above facts charged is difficult, and the remaining evidence submitted by the prosecutor alone is insufficient to deem that the above facts charged were proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge it.
In addition, even if the defendant argued with C, there was a partial exercise of tangible power against C in the process of disputing with C.
However, it is reasonable to view that the act constitutes a justifiable act under Article 20 of the Criminal Act, which is reasonable to the extent permitted by social norms, as it is against the assault of the defendant by C, and which is reasonable to the extent that it is permissible by social norms to prevent such an act.
(1) Assaults as described in the facts charged C.