The defendant shall be innocent.

Some of the facts charged were corrected.

At around 18:40 on December 28, 2015, the Defendant: (a) around 108 D Apartments in Busan Northern-gu, Busan, and (b) had been able to look at the victim E (56 years of age) who had been living in the middle of 108, and had been able to take a look at the victim during the period of punishment for trial expenses; (c) led the victim to live in the breath; (d) caused the victim’s breath to breath; and (e) caused the victim’s breath to breath, and then caused the victim to inflict an injury on the victim, such as the fladal dial dump and tension, for which approximately two weeks of treatment is required.

Judgment

1. Between the persons who conduct a fighting match, an attack and a defense act is conducted annually, and a defense act is a justifiable act for the purpose of defending against the people by causing only either party's act as an attack, at the same time as an attack;

It is common that it is difficult to regard it as a party's defense.

However, in a case where one party unilaterally commits an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom even if the act is deemed a new affirmative attack, the illegality is dismissed as it is reasonable to allow in light of social norms (see, e.g., Supreme Court Decisions 2016Do8470, Nov. 24, 2016; 87Do464, Oct. 26, 1987). 2. According to the evidence duly adopted and investigated by this court, the following facts are acknowledged.

① On December 28, 2015, the Defendant got out of the Defendant’s residence located in 108-dong apartments as indicated in the judgment around 18:40 on December 28, 2015.

② In this Court, the victim testified to the effect that “The Defendant was unaware of his her flabage after cutting down his flabage in front of the said apartment 108 unit.”

3. The victim is the victim.