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(영문) 서울중앙지방법원 2012.11.16 2012노3162
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenario) Defendant A constructed the victim's house at the request of the victim. Since the victim did not pay any balance of the construction work and received any balance of the construction work and visited the victim's house to discuss the issue of defect repair, the Defendants' act constitutes a legitimate act that does not violate the social rules.

2. The "act that does not violate the social rules" under Article 20 of the Criminal Code refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and as a legitimate act that does not violate the social norms, the illegality of certain act should be avoided, based on specific circumstances, and it should be determined individually by considering the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the legal interests of the third protected interests and infringed interests, the fourth urgency, and the fifth supplementary nature that there is no other means or method other than the act.

(2) The court below's judgment on September 26, 200 (see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003). According to the evidence duly admitted and investigated by the court below, ① the defendants visited the victim's house with F, G without any prior consultation with the victim, and Defendant B, F, and G, in addition to the defendants A, were not aware of the victim; ② the time of visit was 18:10 persons at night; ② the victim's continuous departure was 10 minutes at night; ③ there was a conflict between the defendants and the victim within the victim's house; ③ the victim's statement to the effect that the victim would be asked for the victim; ④ the defendants' act was committed by the defendants.

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