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The judgment below
The part against the defendant shall be reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is that the Defendant did not commit an act, such as smugglinging and cutting down the victim’s part of the judgment, and even if such act was done by home, it constitutes a passive defensive act against the victim’s assault, and constitutes a legitimate defense (misunderstanding of facts and misapprehension of the legal doctrine).2.
(a) An attack and a defense act is conducted annually between persons who conduct a fighting in accordance with the relevant legal principles and simultaneously between them, and a defense act is a justifiable act for the purpose of defending against them by causing only either party's act, as the attack has the nature of both parties' act at the same time;
It is common that it is difficult to regard it as a party's defense.
However, in a case where one party unilaterally commits an illegal attack and the other party uses tangible force as a means of resistance to protect himself/herself from such attack and escape therefrom even if the act is deemed to be a new affirmative attack, the illegality is dismissed as it is reasonable to allow under the social concept (see, e.g., Supreme Court Decisions 84Do1440, Sept. 11, 1984; 2009Do12958, Feb. 11, 2010). B. In this case, according to the records of this case, the following circumstances are acknowledged.
① G is the sole witness of the instant case, other than the Defendant and the victim, from the beginning to the end, G was present at the court of original instance as a witness, and G was present at the court of original instance in “A while the Defendant and the victim were in a dispute with the Defendant, and the Defendant was faced with the Defendant’s breath by having the Defendant live in a breath with the Defendant’s breath, and the victim was faced with the Defendant’s breath, and the Defendant was also able to kill the Defendant’s breath for about two seconds.
In addition, the injured party gets the defendant to sit down on the sofa, knife the favoking, and pushed down the favoking to the degree of 2 meters.
2.2.2