폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 200,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the defendant's act of making bombs inevitably in order to show the victim who did not comply with the demand for withdrawal by intrusion upon the defendant's residence is justified or erroneous (misunderstanding of legal principles), and the court below's punishment against the defendant is too unreasonable (unfair sentencing). 2.
A. Whether a certain act in determining the assertion of a justifiable act constitutes a justifiable act as a ground for excluding illegality ought to be reasonably and reasonably determined depending on specific cases. To be recognized as a justifiable act, the following requirements should be met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected legal interests and the infringement of the legal interests; (iv) urgency; and (e) supplementary requirements that there is no other means or method other than the act (see, e.g., Supreme Court Decision 9Do4273, Mar. 10, 200). According to the records, the defendant’s residence is erroneous as the toilet of the defendant’s residence as the public toilet of the restaurant; and (b) whether the victim “h
In light of such circumstances, even if there is motive to take into account the Defendant’s act, it satisfies the requirements of the means or method, reasonableness of the legal interests, balance between the legal interests, urgency, and supplement.
It is difficult to see that Defendant’s act constitutes a justifiable act.
Therefore, this part of the defendant's assertion is rejected.
B. Determination as to the wrongful assertion of sentencing: Provided, the Defendant appears to have been able to report the victim who was entering the process of viewing the change, and the Defendant cannot be deemed to have inflicted any further additional assault at the exercise of tangible force to show the victim, and the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and the crime.