[폭행치사][공1991.3.1.(891),787]
The case holding that the act of passive defense of the victim's sudden attack is not illegal as it is reasonable to be permitted by social norms.
Since the victim's act of assaulting together without any particular reason when the victim breaths the defendant's side while drinking together without any justifiable reason, the defendant is not unlawful since it is reasonable for the victim to be allowed by social norms because it is not only passive defensive act but also the act of assaulting by the defendant, even though the victim died as a result of the act of putting the victim's eye to the extent that the victim satisfys the defendant's eye with his face one time by hand and the victim satisfys the defendant's eye by drinking.
Articles 20 and 260 of the Criminal Act
Supreme Court Decision 88Do1376 delivered on May 23, 1989 (Gong1989,1032) 89Do1328 delivered on January 23, 1990 (Gong1990,584) 90Do292 delivered on March 27, 1990 (Gong1990,1025) (Gong1990,1407)
Defendant
Prosecutor
Attorney Kim Yong-sik et al.
Gwangju High Court Decision 89No199 delivered on October 5, 1989
The appeal is dismissed.
We examine the prosecutor's grounds of appeal.
In light of the reasoning of the judgment below, the court below rejected the defendant's statements that the defendant did not have a victim's right level and right level once every time when the defendant made a statement at the police once, in light of each of the statements after two times in the police, witness's border, and testimony in the court of law, such as Jinwon, etc., and judged that the defendant's act of assault was unlawful as a result of the defendant's act of assault and defense against the defendant's act of assault and defense against the defendant's act of attacking the victim's face one time of drinking, and the defendant's act of assault and defense cannot be viewed as unlawful as a result of the defendant's act of assault and defense against the defendant's act of attacking the victim's right level without any particular reason. Thus, the court below's determination that the defendant's act of assault and defense against the defendant's act of assault cannot be viewed as unlawful as a result of the defendant's act of violation of the rules of evidence and the records.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won