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(영문) 서울서부지방법원 2017.09.21 2017노638
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the legal principle) is that the Defendant was pushed the victim in the course of leaving the victim C (hereinafter “victim”) with the bus entrance to the bus entrance, and thus, the Defendant was pushed the victim in the course of attempting to leave the bus entrance. Thus, this constitutes a legitimate defense.

2. In order to recognize a certain act as a legitimate defense, it must be reasonable to defend the current infringement of his or other person’s legal interests. Thus, the legitimate defense against an unlawful and lawful infringement is not recognized. Whether a defense act is reasonable socially should be determined by taking into account all specific circumstances, such as the type and degree of legal interests infringed by an act of infringement, method of infringement, the complete level of infringement, and the type and degree of legal interests infringed by an act of defense (see, e.g., Supreme Court Decision 2003Do3606, Nov. 13, 2003). In light of the evidence duly adopted and examined by the court below, in particular, C police statements and investigation reports (verification of witness at the scene) by the court below, the victim cannot be seen as having taken advantage of the victim’s body, and the victim cannot be seen as having taken advantage of the victim’s body, and the victim’s act of attack or defense cannot be seen as having been carried out by the victim.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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