The defendant shall be innocent.

1. The summary of the facts charged in the instant case is as follows: (a) on August 23, 2013, the Defendant: (b) around 09:05, at the underground parks and waiting rooms of Seongdong-gu, Seongdong-gu, Seongdong-gu, Seoul; (c) on the ground that D (55 years of age) has avoided disturbance, the Defendant carried the left part of the instant facts charged on his hand and carried the left part of D, which requires approximately two weeks of treatment; and (d) on the left part of D (55 years of age), carried on the top of the upper part.

2. The Defendant’s act of assertion by the Defendant and his defense counsel constitutes self-defense, as an inevitable act to prevent the victim’s unlawful attack.

3. (1) Between the fighting parties making a judgment, the act of attack and defense was conducted annually, and the act of attack and defense was conducted simultaneously, and it is common that it is difficult to view that the act of attack and defense constituted “political act” or “self-defense” for the purpose of defense by leaving only one of the acts of the parties.

However, if one party unilaterally makes 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 this attack, the act is not deemed to be a new active attack under social norms and its illegality is dismissed as it is reasonable (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). (2) In full view of the records in this case’s legal statement of the defendant, witness D, and E, witness F’s statement, statement in the police interrogation protocol against the defendant, etc., when the defendant and D were in dispute, the part of the defendant’s neck was left by leaving the defendant first, and the defendant’s face was ruled out with the right hand of the defendant’s right hand over, and the defendant’s physical balance is more between D and D.