퇴거불응
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors or misapprehension of the legal principles) was to have the police officer duly resisted to the police officer about the arrest of the defendant as a flagrant offender on the preceding day of the instant case, and to hear his response thereto. However, the police officer’s act was committed in a manner of suppression by failing to properly respond to the Defendant’s resistance, and thus, the Defendant’s act constitutes a justifiable act.
2. Determination
A. The "act that does not violate the social rules" under Article 20 of the Criminal Code refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate the social norms, and the illegality of which act is excluded 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.
(2) Article 13(1) of the Act provides that “The term “the term “the term “the term “the term “the term “the term” means “the term “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term” means “the term “the term “the term”
However, in full view of the evidence duly adopted and examined by the court below, the defendant's removal from the police station of the old U.S. police station
In spite of the Gu, it can be sufficiently recognized that the defendant's act does not comply with the withdrawal for 50 minutes after being able to be able to have been able to be considered as a justifiable act that does not violate the social norms, since it cannot be considered to meet the requirements of reasonableness, urgency, and supplement of the means and method, even though the legitimacy of the purpose is separate from the legitimacy of the purpose.
C. Therefore, the judgment of the court below to the same purport is just and there is a mistake of facts or legal principle.