The defendant shall be innocent.

1. On August 31, 2017, when the Defendant was sitting on the street in front of the “C” located in Jongno-gu Seoul, Jongno-gu, Seoul around 16:40 on August 31, 2017, the summary of the facts charged was assaulted by the victim D, who operated the above awareness point, for the reason that the Defendant refused it on the ground that “the Defendant was demanded to interfere with business, but transferred it to another place.” However, the Defendant refused it, along with the Defendant’s desire to read “the above damaged person”, he was sexually committed an assault, such as cutting down the clothes of the said victim, and then sprinking it.

2. Even if the appearance of the judgment appears to exist, if one party unilaterally commits an unlawful attack and the other party uses tangible force as a means of resistance to protect himself/herself from such unlawful attack and escape, it shall be deemed that the act is highly reasonable in light of the circumstances such as the situation and purpose leading up to the act, the means and the intent of the actor, so long as the act does not go beyond the bounds of passive defense, and thus, it shall be deemed that the illegality is avoided (see Supreme Court Decision 2004Do8308, Feb. 17, 2005, etc.). According to the adopted and the evidence examined by the court, the defendant brought about the chair on the street prior to the point operated by D at the time indicated in the facts charged, and D requires the defendant to remove the chair from the defendant's 2 to another place, and then, it shall be deemed that the defendant's satisfying from the defendant's satch to his/her satch.