[폭행치사][집28(3)형,31;공1980.11.15.(644),13246]
Acts that do not go against social norms;
The Defendant’s ppuri act in order to take the victim out of the form of harm that the victim wanted to take out of the body of harm is followed by the victim, and to cut off the Defendant’s misleading arms, is an act of self-feasible defense to unlawfully attach the arms, and is contrary to the social norms, and thus, even if the victim died, the Defendant cannot be held liable for the crime of assault or death even if the victim died.
Article 262 of the Criminal Act
【Defendant-Appellant】
Attorneys Park Young-chul (Korean National Assembly)
Daegu High Court Decision 80No128 delivered on May 1, 1980
The appeal is dismissed.
The grounds of appeal by a prosecutor shall be examined.
The court below found the defendant not guilty on the facts charged that the defendant committed the crime of assault against the state of the so-called "homicide" and found the defendant not guilty on the ground that the defendant was guilty of the crime of assault against the social rules as a defensive act committed by the defendant's act of unlawfully attached the defendant's possession of his arms, not a attack against the motive or situation shown in the record, and thus, it cannot be viewed as a defensive act against the social rules, even if the victim died, the defendant could not be held liable for the crime of assault against the defendant's act of assault even if the victim died as a result of the crime of assault.
According to the records and the original judgment, the above fact-finding and legal judgment are recognized as reasonable, and therefore, it is not reasonable to discuss.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Dra-ro (Presiding Justice)