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(영문) 대전지방법원 2014.05.23 2013고정2233

폭행

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, at around 02:46 September 18, 2013, was a security guard of the D Hospital located in Daejeon-gu, Daejeon-gu, the Defendant expressed the victim E (50 years of age) desire to “F, who is the prime hospital officer and staff of the said hospital,” and expressed the victim E (50 years of age), “F, who is the principal hospital officer and staff of the said hospital,” at the time of assaulting the victim at one time, with the hand-to-one hand, booms the victim’s neck and booms, after the victim boomed the victim’s neck and booms in both arms, and assaulted the victim by continuously dividing the part of the victim’s left hand hand and the chest part of the victim’s chest, which was in excess of the victim’s hand, into kneek.

2. The term "act that does not violate social rules" means an act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is a legitimate act that does not contravene social norms and thus, it should be determined individually by examining and reasonably the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected interest and infringed interest, the fourth urgency, and the fifth supplementary nature that there is no other means or method (see, e.g., Supreme Court Decision 2003Do300, Sept. 26, 2003). In order to constitute self-defense, the victim's act should be determined by taking into account all specific circumstances such as the following: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interest and the infringed interest; and (iv) supplementary nature that there is no other means or method (see, e.g., Supreme Court Decision 2003Do3000, Sept. 29, 29, 29).