The judgment below

The part against the defendant shall be reversed.

The defendant shall be innocent.

[Judgment as to the grounds for appeal] The summary of the grounds for appeal (the factual errors) was plicked by D’s fingers as stated in the facts charged in the process that D gets off the Defendant’s timber and scams off D’s losses. Thus, this constitutes grounds for dismissal of illegality.

However, according to the evidence duly adopted and examined by the court below, it is acknowledged that ① while 5 persons, including the defendant and co-defendant A, trying to board a taxi driving by D, only 4 persons, including the defendant and A, have been on board due to their passenger capacity; ② the defendant and A, etc. arrived at the destination and did not get the defendant to board the taxi at D and rate, while D coming to the problem of fee with regard to the failure to get the defendant to board the taxi at the destination, D would have flick down the lower part of the blicker when D was put to the defendant's hand, while the defendant was removed from the defendant's hand while he was flick, it was found that D's finger was plicked by D, and ③ the defendant did not assault D otherwise.

According to the above facts, it is reasonable to view that the Defendant’s plucking or plucking up D’s fingers as above constitutes a justifiable act under Article 20 of the Criminal Act merely because it is a passive resistance to escape from D’s winnings.

(See Supreme Court Decision 96Do979 delivered on May 28, 1996, etc.). Thus, the defendant's appeal is justified. Thus, the part of the judgment below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows.

[Grounds for the decision of the court below] The summary of the facts charged in this case is as follows: "The defendant and A shall be inter-lined, and on January 26, 2013, at around 23:00, the defendant and A shall be flowed to the water station, which is the destination of the victim's name, after being drunk in front of the National Agricultural Cooperatives, which was operated by the victim D while drunk in front of the Suwon-gu, Suwon-gu, Suwon-si, Suwon-si, Suwon-si.

However, from 23:10 to 18.18.