The case holding that the act constitutes a legitimate act as a passive resistance against the victim's infringement

The act of taking the hand of the victim, who has been in dispute due to real estate relation, was committed by assaulting the breath by breath and spathing with the Defendant, and the act of cutting off and removing the hand of the victim, which is inevitable by the passive resistance method in order to spathize it, is an act of lack of illegality that is reasonable to the extent permitted by social norms.

Article 20 of the Criminal Act

Defendant 1 and one other

Defendants and Prosecutor

Jeonju District Court Decision 84No63 delivered on November 16, 1985

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal

Comprehensively taking account of the evidence of the judgment of the court below and the court of first instance cited by the court below, the part of the violation of the Punishment of Violences, etc. Act under paragraph (1) of the judgment against the defendants and the assault under paragraph (2) of the judgment against the defendant 1 shall be sufficient to acknowledge each crime, and it shall be sufficient to find out that the court below erred by misunderstanding the facts in violation

2. As to the Prosecutor’s Grounds of Appeal:

According to the reasoning of the judgment of the court below, it is recognized that Defendant 2 committed an assault against the victim at around 07:00 on July 18, 1982, and the facts charged that Defendant 2 committed an assault against the victim at the time and at the place in which the judgment was held that the victim, who had been under dispute, was engaged in an assault, such as flabing and flabing the ebbbbb, etc., by putting the victim 2, and the defendant 2 was engaged in an assault, and the defendant 2 took the hand of the victim who was inevitable by passive resistance in order to spread this, and removed the flab from the flab, etc., in light of various circumstances such as the circumstance, purpose, means, and the intent of the actor, etc., the court below's measures are legitimate and acceptable, and there is no error of law by misunderstanding legal principles as to a legitimate act, such as the theory of lawsuit, and therefore, it is not justified.

Therefore, all appeals by the Defendants and the prosecutor are dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Yellow-ray (Presiding Justice)