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The defendant shall be innocent.
Reasons
The summary of the facts charged is between the defendant and B, from February 22, 1999 to August 14, 2017, maintaining a de facto marriage relationship between about 19 years and about 19 years.
B around 19:00 on September 15, 2017, in D located in C, on the ground that the Defendant had wind at the time of stay at around 19:00, the Defendant was able to take a bath, obstructed the Defendant, and the Defendant was stroked by two descendants.
In addition, one side of the defendant's head, and the defendant was moved up to the floor.
The Defendant, against the above assault, was taking the head of B by his own hand, and assessed once the ship was emitted from the ship, etc. on his own hand, and was in the upper part, etc. of B, and was in the lower part, etc. of B.
Accordingly, the Defendant inflicted injury on B on the number of days of treatment.
Judgment
1. The summary of the defendant's and his defense counsel's assertion is that the defendant is a victim once again in order to escape from the situation of being subject to violence from B, and this constitutes a legitimate defense or legitimate act.
2. Determination
A. Even if the case appears to be in appearance of the relevant legal doctrine, if one party unilaterally commits an unlawful attack and the other party uses tangible force as a means of resistance to protect himself/herself and escape therefrom, such an act shall be dismissed as an act of considerable nature permissible in light of social norms in light of all circumstances, such as the circumstance and purpose leading up to the act, the means and the intent of the actor, etc., unless it goes beyond the bounds of passive defense, rather than an active anti-incentive attack (see, e.g., Supreme Court Decision 2010Do11732, Oct. 28, 2010). (b) If a specific judgment is made by a criminal investigation agency and this court consistently, the Defendant is suspected of having a male relation, etc. of the Defendant.
B A bath at a restaurant, and the defendant has come to the restaurant.
In this regard, B, while taking a bath, was scambling the head debt, scambling the scam, and the defendant was over the floor.