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(영문) 창원지방법원 진주지원 2016.06.30 2015고정577
폭행
Text

The accused shall announce the summary of the judgment of innocence.

Reasons

1. On May 3, 2015, at around 10:50, the Defendant assaulted the victim by pushing the Defendant, who was in a dispute with the Defendant, in relation to the above church, in the distribution of the worship, at around 10:50, the E church located in the South-west Navy D (hereinafter in this case, the instant church), with a defect in the victim F. (48) of the victim F. (S.), who was in a dispute with the Defendant in relation to the said church, in order to hand over the victim’s shoulder and to hand over the worship.

2. Determination

A. (1) The "act which does not violate the social norms" under Article 20 of the Criminal Act refers to the act acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is justified that does not violate the social norms, and thus, the illegality should be determined individually under specific circumstances. To recognize such legitimate act, first, the motive or justification of the act, second, the reasonableness of the means or method of the act, second, the reasonableness of the legal interests of the protection interest and infringement, fourth, the formation of the right of legal interests other than the act, fourth, and fifth, the supplementary nature that there is no other means or method (see Supreme Court Decisions 98Do2389, Apr. 25, 200; 2007Do6243, Dec. 24, 2009; 2007Do6243, Dec. 28, 2009).

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