The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The defendant does not pay the above fine.

1. The defendant's act is merely a passive resistance against the assault by the victim, who is the other party, and constitutes a legitimate defense or a legitimate act.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the first instance of the trial, the prosecutor filed an application for changes in indictment with respect to the facts charged as follows, and since the court permitted the changes in the subject of the trial, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, after pleading, on the grounds of the above ex officio reversal.

[Reasons for the judgment to be used again] On June 25, 2016, the Defendant assaulted the victim by threateninging the victim's body, threatening the victim's child-friendly group to turn off to the Defendant while taking advantage of the body of the victim's body while the victim's woman-friendly group was going back to the victim's G while taking advantage of the body of the victim's body in front of the "F" restaurant located in Busan Nam-gu, Busan. In addition, the Defendant assaulted the victim by threatening the victim's body, threatening the victim's body.

Summary of Evidence

1. Statement by the defendant in part of the trial court;

1. A criminal investigation report (Attachment to on-site CCTV shooting data, etc.);

1. The defendant and his defense counsel's assertion of on-site CCTV filming data acknowledged the fact that the defendant committed an act recorded in the facts charged, but asserts that such act constitutes a legitimate defense or legitimate act.

To recognize a legitimate act under Article 20 of the Criminal Code, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance of the interests of the third protected interests and infringed interests, fourth urgency, and fifth supplementary nature that there is no other means or method than the act, and to establish a legitimate defense under Article 21 of the Criminal Code.