폭행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: (a) the Defendant did not consent once to the part of the victim C (hereinafter “victim”) on the left side of the victim C (hereinafter “victim”); and (b) at the time of the instant case, the Defendant, in the case where the victim was immediately under the above stairs, was fucking on the part of the victim’s left side, during the victim’s physical body in order to avoid assaulting the Defendant; and (c) even if the Defendant’s above act constitutes an assault, it constitutes self-defense as a defensive act to escape from the victim’s assault; (d) the lower court found the Defendant guilty of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.
2. In order to establish self-defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense;
(See Supreme Court Decisions 92Do2540 delivered on December 22, 1992; 2003Do4934 delivered on June 25, 2004, etc.). In addition, in a case where it is reasonable to deem that an act by a perpetrator was committed with the intent of attacking one another rather than with the intent of defending the victim’s unfair attack, and that the act was committed with the intent of attacking one another, and the act was committed against it, it cannot be deemed as self-defense, since the act has the nature of the act of attack at the same time as the act of attack.
(See Supreme Court Decisions 200Do228 delivered on March 28, 200, 2003Do4934 delivered on June 25, 2004, etc.). In full view of the evidence duly admitted and examined by the court below, the victim reports to the Escopian Association along with his wife from the investigation agency to the court of the court below, which is, the victim reported to the Escopian Association, and the defendant scoped and scamed.