The defendant shall be innocent.

1. The summary of the facts charged was driven by B around April 20, 2018 by the Defendant on April 20, 2018.

C In the back of a flive car, the victim's face was expressed against the assault of the victim D(54 years, South) at the back of the flive car, and the victim's face was invaded by hand.

2. Comprehensively considering the evidence submitted by the judgment prosecutor, the defendant can be found to have a civilian fact against the victim's face and body by setting up against the victim's assault as stated in the facts charged. However, considering the following circumstances, it is reasonable to view that the above crime constitutes a legitimate defense or a legitimate act, and thus, its illegality is excluded.

① In a case where one party unilaterally makes an unlawful attack and the other party uses force as a means of resistance to protect himself/herself from such attack and escape from such attack, unless it is deemed that such act is a new affirmative attack, it is reasonable that it is permissible in light of social norms and its illegality is removed (see, e.g., Supreme Court Decisions 84Do1440, Sept. 11, 1984; 2009Do12958, Feb. 11, 2010). Meanwhile, the act of defense as a requirement for the establishment of legitimate defense includes not only pure defense against the victim, but also anti-effort defense, including an affirmative attack, within the extent of considerable reasons (see, e.g., Supreme Court Decisions 2007Do9863, Feb. 28, 2008; 2007Do12958, Feb. 25, 209).