업무방해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) In regard to the act of assault, it is recognized that the victim's breath was fulbling, but it was against the victim's assault, and thus, it constitutes self-defense or legitimate act, the judgment of the court below which found the defendant guilty of this part of the charges is erroneous in misunderstanding of facts. 2) It is recognized that the victim's office was entered
The judgment of the court below that found the Defendant guilty of this part of the facts charged even though there was no hearing and there was a short time to withdraw.
3) The judgment of the court below which convicted the defendant of this part of the charges is erroneous in misunderstanding of facts, even though the payment of management expenses was urged as to obstruction of business, and the defendant did not act as the defendant's abusive or desire to act, and thus does not constitute obstruction of business. B. The judgment of the court below on unreasonable sentencing (one million won of fine) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Whether an act of violence generally does not violate social norms and the illegality of an act is excluded should be determined individually and reasonably under specific circumstances. Thus, to recognize such legitimate act, the act of defense must meet the following requirements: (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 interests and the infringed interests; (iv) urgency; and (v) supplementary nature that there is no other means or method other than the act; and (ii) in order to establish self-defense under Article 21 of the Criminal Act, the act of defense should be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement; and the type and degree of legal interest to be infringed by the act of defense.