The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In determining the facts, the Defendant committed an injury by assaulting the victim, as the victim et al. illegally occupied the management office, there is only a secret fact with the victim, and there is no fact that the victim committed an injury.

B. In light of the legal principles, the Defendant, in the process of unfairly occupying the management office from the victim, etc. and preventing the victim from interfering with his/her duties, carried out a fighting with the victim, thereby constituting a legitimate act or self-defense.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court, namely, ① the victim made a statement from the investigative agency to the court of the lower court to the effect that he/she had expressed his/her desire and inflicted an injury upon himself/herself by assaulting himself/herself, and I also made a statement to the same purport at the court of the lower court. ② According to the screen image taken at the time, only the Defendant unilaterally checks the victim’s shoulder, and the credibility of the victim’s statement can be added to the victim’s credibility, ③ the victim was treated at the hospital on April 5, 2014, which was after the formation of the instant case. In full view of the following circumstances: (a) the victim made a statement from the investigative agency to the court of the lower court to the effect that he/she inflicted an injury upon himself/herself by assaulting the victim as stated in the judgment of the lower court.

Therefore, the defendant's assertion of mistake is difficult to accept.

B. In order to establish self-defense as stipulated in Article 21 of the Criminal Act, the act of defense should be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of the legal interest to be infringed by the act of defense, in order to establish self-defense as to the assertion of legal principles.

Supreme Court Decision 2003Do493 delivered on June 25, 2004