[폭력행위등처벌에관한법률위반][공1979.4.1.(605),11655]
The case holding that violence constitutes a justifiable act
If the defendant's act is deemed appropriate for the purpose and method of infringement of the legal interests of the defendant, etc. infringed by the victim's act and the legal interests infringed by the victim's body due to the act of violence by the defendant, etc., it constitutes a justifiable act that does not violate social rules.
Article 20 of the Criminal Act
Defendant 1 and one other
Prosecutor (as to all the defendants):
Attorney Park Jong-yang (Presiding Justice)
Daegu District Court Decision 77No1674 delivered on August 25, 1978
All appeals are dismissed.
The grounds of appeal are examined.
원심판결은 (1) 피고인 1은 1974.9.30. 23:00경 거주동 어두운 골목길에서 술에 취한 연소자인 전만우로부터 반말로 “담배 한개 다오”라고 요구받았기에 “뉘집 아이냐”고 반문하자 동인이 “이 자식 담배달라면 주지 왠 잔소리냐 이래뵈도 내가 유도 4단인데 맛좀봐라” 하며 덤벼들어 집어던지려고 하다가 피고인의 한복바지를 찢는 등 행패를 부리므로 피고인은 동인의 신원을 파악하고 또 연장자로서 훈계를 하기 위하여 동 전만우의 멱살을 잡아 부근에 있는 상피고인 2가 마당에 끌고 간 사실과,
(2) As above, Defendant 2 acknowledged that he was able to lead the above, he was able to find out the so-called son's son's son's seat and interfered with the fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's fluor's f.
Compared to the records, we affirm the above judgment of the court below, and we cannot agree with its measures, and there is no error of law as to the incomplete deliberation or legitimate act, such as the theory of litigation.
It is without merit to discuss the theory of lawsuit different opinions, and the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices.
Justices Jeong Tae-won (Presiding Justice)