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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The gist of the grounds for appeal is that the court below found the defendant guilty of the facts charged in this case, even though the defendant did not go beyond the victim, and even if not, the defendant's act is first an act to defend against the defendant's act, such as flicking and pushed-down, and thus, it cannot be deemed unlawful as it constitutes self-defense or legitimate act.
2. On January 13:42, 2012, the Defendant: (a) committed assault against the victim, i.e., the victim, the victim D(57 years of age) of the Plaintiff’s 6th floor in the Seocho-gu, Busan Metropolitan City, to check whether the said company is a floating company; (b) the victim, who was living around the office, was discovered and the victim was satched, and was satched and pushed down with the victim’s breath; and (c) committed assault against the victim in the stairs of the victim.
3. Determination
A. In light of the fact that the victim made a consistent statement from the investigative agency to the court of the court below that he had consistently carried a falbbling and pushed down his fals, and that according to the images of the CD videos, the victim took a falbing of the Defendant under the influence of stairs, etc., the Defendant can sufficiently recognize the fact that he saw the victim’s falbing, pushedly and pushed down the falbing, and went beyond the victim, and thus, the Defendant’s assertion of mistake of facts is without merit.
B. According to the statement, CD screen, etc. made by the victim at the court below at the court below, the victim discovered the defendant in front of the office and asked the defendant the purpose of having his office. However, the defendant did not make any answer, and the victim was first unable to take the breath or the breath of the defendant, and the victim did not escape. ② The victim did not catch and let the defendant get the defendant, and the defendant was pushed back with the breath and pushed the balth of the defendant.