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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal doctrine) is that the injured person gets frighten of the Defendant and let him into the office, so there was no violence against the victim, and even if such act constitutes violence, it is not illegal because it constitutes an act that does not go against the legitimate defense or social norms.
2. Determination
A. On April 21, 2015, at around 14:49, the Defendant: (a) committed assault against the victim by plucking, plucking, plucking, and breaking off the entrance door to the Defendant, on the ground that it was difficult for the victim of the instant accident to bring the disturbance to the Defendant at the office of the victim D (52) of the building 502, Nam-dong C, Nam-gu, Seoul (52: 52).
B. The lower court found the Defendant guilty of the instant facts charged by integrating the evidence in its judgment.
(c)
(1) According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the court below can sufficiently recognize the victim's loss and the fact that the victim was able to attract the victim to the victim in order not to attract the victim.
The defendant's assertion of mistake is without merit.
2) It is common that it is difficult to view that the act of attack and defense was committed annually between the fighting matchers and the act of attack and defense was committed simultaneously, and that the act of attack was called a “political act” for the purpose of defense or a “political defense” within either party’s commission of only one party’s act as well as the act of attack.
However, even if the outer fighting is viewed as one of the fightings, in fact one of the parties unilaterally commits an illegal attack, and the other party protects himself from such attack and is a means of resistance to escape from this attack.