폭행
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is that the defendant's act of causing the victim to leave the victim and making the left part several times is not a legitimate act or self-defense, since the defendant's act does not meet the legitimacy of the purpose, the reasonableness of the means and method of the means and method, the balance between the legal interest and the legal interest of infringement, urgency and supplement.
However, the lower court erred by misapprehending the legal doctrine or misapprehending the facts charged, thereby acquitted the Defendant.
2. Determination
A. On October 3, 2012, around 10:30 on October 3, 2012, the Defendant demanded that the victim E (the age of 59) (the age of 59) who was not good for ordinary appraisal be sold goods in the Danceza operated by the Defendant in Yongcheon-si, Youngcheon-si, to leave the goods, and assaulted the victim’s left hand on several occasions by hand.
B. “Act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act which can be accepted 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, should be determined individually by examining the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the legal interests of the third protected interests and infringed interests, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act.
(See Supreme Court Decision 2010Do2680 Decided May 27, 2010). C.
Judgment
The victim stated in the investigative agency to the effect that "the defendant's body was obvious to tightly cut off, in particular, the left hand was pushed down," and the victim did not memory how the defendant was pushed down with the left hand and her hand.