The defendant shall be innocent.

1. On July 22, 2014, the Defendant, at around 08:35, at the platform of the Guro Digital Group located in Guro-gu Seoul, Guro-gu, Seoul, 577, and at the subway as a main problem, the Defendant argued that the Defendant was injured by the victim by assaulting the victim’s scambling the victim’s neck, where the victim escaped from his arms in order to bring about the escape of the victim, and caused the victim to suffer injury, such as cutting down the back of the victim’s scamb, etc. requiring medical treatment for about 14 weeks.

2. Determination

A. Whether a certain act constitutes a legitimate act as a ground for excluding illegality should be determined reasonably in accordance with specific cases, and it must meet the following requirements: (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 infringed legal interests; (iv) urgency; and (v) supplementary requirements that there is no other means or method than the act.

(See Supreme Court Decision 92Do1520 delivered on September 25, 1992, Supreme Court Decision 93Do2899 delivered on April 15, 1994, Supreme Court Decision 97Do337 delivered on October 13, 1998, etc.). Since a flagrant offender can be arrested without a warrant, the arrest of a person in flagrant offense under Article 212 of the Criminal Procedure Act (Article 212 of the Criminal Procedure Act) does not constitute an act of law and the illegality of the arrest of a flagrant offender. As a requirement for arrest of a flagrant offender, there is a need for arrest, i.e., the necessity of arrest, namely, the necessity of escape or destruction of evidence, in addition to the existence of punishment for an act of flagrant offender.

On the other hand, arrest that goes beyond reasonable limits cannot be an act under the law as to that part. However, whether it goes beyond proper limits should be determined depending on whether it satisfies the general requirements of the act of a political party as seen earlier, and whether it is passive defensive act or not.