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The defendant shall be innocent.
Reasons
1. On November 15, 2012, C of the facts charged, around 08:00, around the Emiddle School located in Daegu-gu, Seogu, Daegu-gu, and on the ground that Defendant A (the age of 63) follows “C is not in good condition between the F (the relationship between the Defendant and the Defendant)”, Defendant A’s snow level, etc. on the left side of the Defendant several occasions.
The Defendant, at the same time, set up against the act of the victim C (V, 51 years of age), carried the victim’s breath with breath, and inflicted damage on the victim’s breath and flath’s sat, which require approximately two weeks of treatment.
2. We examine the Defendant’s assertion of self-defense.
The self-defense stipulated in Article 21 of the Criminal Act refers to the self-defense, if there are reasonable grounds for defense in light of all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, and the kind and degree of the legal interest to be infringed by the act of defense.
On the other hand, even if they appear to be fighting one another, if one party unilaterally commits an illegal attack and the other party unilaterally uses tangible power as a means of resistance to protect himself and escape from such attack, unless it is evaluated as a new affirmative attack, it is reasonable to allow under social norms and its illegality is avoided (see Supreme Court Decision 2009Do12958, Feb. 11, 2010). According to evidence duly adopted and investigated by this court, the wife of the victim is insignificant and the defendant tried to resist in order to stop such harmful act of the victim in the course of being subjected to the assault as stated in the facts charged in the above facts charged. Thus, the defendant's defense is considered to have a reasonable ground in view of social norms.
The defendant brought about C with D without his own self-speak sea.