The defendant shall be innocent.

1. The summary of the facts charged was around 09:50 on October 11, 2013, the Defendant: (a) driven a vehicle in the direction of leisure in Gyeyang-dong, Seoul, Gyeyang-gu, 120-4, while driving the vehicle in the direction of leisure in the sexual mountain zone; (b) was the victim C and the Si reserve, and was assaulted against the victim for drinking face; and (c) was assaulted against the victim’s body.

2. It is common that it is difficult to view the act of attack and defense to constitute “political act” or “self-defense” or “self-defense” by either party’s mere commission of an act of attack and defense at the same time, as the act of attack and defense occurred between persons who conduct a fighting.

However, if one party unilaterally makes an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape from such attack, unless it is evaluated as a new affirmative attack, it is reasonable to allow in light of social norms and its illegality is eliminated (see, e.g., Supreme Court Decision 2009Do12958, Feb. 11, 2010). According to records, the victim's act of standing in the Olympic Games as a matter of temporary fighting with the victim's coming back from the Olympic Games, leading the Defendant to the front of the Defendant by passing the front of the Defendant's vehicle and standing the Defendant's vehicle, and then standing in the front of the Defendant's vehicle. Accordingly, the other party resisted the Defendant not to get off, the victim's act of standing outside the vehicle and standing the Defendant's vehicle against the victim's act of exercising his/her right by setting up against the victim's use of the vehicle.