The defendant shall be innocent.

1. On August 12, 2016, around 20:00 on August 12, 2016, the Defendant discussed the issue of Victim C (58 years of age) and daily allowance in front of the mutually named “D” in the operation of the Victim C in Busan Shipping Daegu, Busan, and assaulted the Victim C (58 years of age).

2. Determination:

A. In order to establish a political party’s defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, complete level of infringement, and type and degree of legal interest to be infringed by the act of defense. The elements for establishing a political party’s defense include not only pure passive defense, but also anti-defense types, including active anti-defense, to the extent of considerable reasons (see, e.g., Supreme Court Decisions 2007Do9863, Feb. 28, 2008; 92Do2540, Dec. 22, 1992). However, “an act that does not violate social rules” prescribed in Article 20 of the Criminal Act refers to an act of protecting the victim’s rights and interests, i.e., the act of defense that has been committed by the defendant, including the victim’s speech or its surroundings, and the act of protecting the victim’s rights and interests, i.e., means or balance with 200 others.