The defendant shall be innocent.

1. The Defendant, at around 13:40 on May 24, 2017, abused the victim’s body in hand while engaging in a dispute with the victim C (n, 69 years old) related to elementary school and the return of the alumni membership fees at his house located in Seopo-si B, Seopo-si.

2. Determination

A. The Defendant’s and his defense counsel’s assertion is merely a legitimate act that does not go beyond social norms, since the Defendant’s physical body was sealed in order to let a victim who does not leave his house.

B. The term "act that does not violate social rules" under Article 20 of the relevant legal principles refers to an act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, if a certain act satisfies the requirements such as legitimacy of the motive or purpose, reasonableness of the means or method of the act, the legal interests protected, balance between the legal interests protected and the legal interests protected by the infringement law, urgency, and supplementary nature that there is no other means or method than the act, it constitutes a justifiable act.

(Supreme Court Decision 2003Do4732 Decided August 20, 2004, etc.). C.

Judgment

Comprehensively taking account of the following circumstances as a result of the examination of evidence, Defendant’s act constitutes a justifiable act as provided in Article 20 of the Criminal Act, in light of various circumstances such as motive, purpose, means and method thereof, and circumstances leading to such measures.

① At around 08:40 on the day of the instant case, the victim demanded the Defendant to unilaterally visit the Defendant’s living place and present books of his meeting (this is based on the victim’s assertion, and according to the Defendant’s assertion, the victim demanded money without any grounds to the Defendant) and the husband and wife of the Defendant, and again demand the Defendant to leave.