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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 300,000 won, and by a fine of 200,000 won.
Reasons
1. The crime place of this case where the injured party was working on the part of the main reasons for appeal was the land located within the boundary of the land owned by the State and the land owned by the Defendant at least within the boundary of the land occupied and used by the Defendants. The injured party had opened the road within the boundary of the above boundary in order to infringe the rights of the Defendants, even though he was not
The Defendants’ act does not constitute assault as referred to in the crime of assault, because it is merely passive that the damaged person’s infringement of the Defendants’ property rights or peace of life.
Defendant
A merely because it is the fact that Defendant A’s act constitutes a legitimate defense under Article 21(1) of the Criminal Act in order to restrain the victim from continuously infringing his/her ownership or possession right at the time of the instant case, and Defendant A merely passively restricted the victim’s unlawful alteration of form and quality at the time of the instant case. Thus, Defendant A’s act constitutes a justifiable act under Article 20 of the Criminal Act.
Defendant
B In order to report the occurrence of a dispute between Defendant A and the victim, who is his father, and to resolve this dispute, B shall be tightly sealed once by selling the victim, etc., and “Ik Baba”
Defendant B’s act constitutes a justifiable act under Article 20 of the Criminal Act.
2. Determination:
A. First of all, the reasoning of the appeal is examined as to whether the Defendants’ act constitutes an assault as referred to in the crime of assault, and the video images of video CDs can be found by the Defendants as stated in the facts charged. The Defendants’ act constitutes assault as referred to in the crime of assault, by exercising force against the body of the victims.
Next, we examine whether Defendant A’s act constitutes a legitimate defense or legitimate act.