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(영문) 인천지방법원 2013.11.22 2013노2521

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant did not inflict any injury on the victim D (the misunderstanding of facts) and the assault against the victim F constitutes self-defense or legitimate act.

(legal scenarios) 2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant's aforementioned victim's assaulted by assaulting the victim D at the time and time as stated in paragraph (1) of the criminal facts stated in the judgment of the court below, such as booming the victim's ebbbbbbage, and booming the victim's ebbbbbage, and faced with the entrance to the warehouse, etc., and sufficient support for the above victim's eb

B. Whether a certain act does not violate the social norms and thus, it should be determined on an individual basis by taking into account the following circumstances: (i) the justification of the motive or purpose of the act; (ii) the reasonableness of the means or method of the act; (iii) the balance between the protected interests and the infringed interests; (iv) the urgency of the act; and (v) the supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decisions 2002Do5077, Dec. 26, 2002; 2003Do300, Sept. 26, 2003); and (ii) the purpose of establishing self-defense under Article 21 of the Criminal Act is to constitute self-defense under Article 21 of the Criminal Act by taking into account all specific social circumstances, such as the type, degree, method of infringement; and the type and degree of legal interests infringed by the act of infringement.

(See Supreme Court Decision 2006Do9307 delivered on March 29, 2007). According to the evidence duly adopted and examined by the court below and the court below, D’s remarks with the Defendant as stated in paragraph (2) of the facts constituting the crime in the judgment below.