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Main Issues
The case holding that the act of cutting down the clothes of the victim and making a spawn constitutes a legitimate act.
Summary of Judgment
The defendant's act is merely a passive resistance to escape from flaps and the circumstances leading up to such act, etc. in light of social norms in light of the following: the victim flabs and flabs and flabs and continuously flabs and flabs and flabs and flabs and flabs in order to restrain the victim from committing such act, and the defendant's act constitutes a legitimate act as stipulated in Article 20 of the Criminal Act.
[Reference Provisions]
Articles 20 and 260 of the Criminal Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Defense Counsel
Attorney Seo-sik
Judgment of the lower court
Seoul Criminal Court Decision 89No7458 delivered on May 19, 1989
Text
The appeal is dismissed.
Reasons
We examine the prosecutor's grounds of appeal.
According to the reasoning of the judgment below, the court below rejected the argument evidence that the defendant committed assault against the victim as stated in the facts charged, and rejected it. However, according to such evidences, the court below held that the defendant's act constitutes a justifiable act under Article 20 of the Criminal Act, and thus, it does not constitute a crime, since the defendant continued to bring the defendant into the defendant with his flag and flag with his flab, and thus, the defendant's act was merely passive resistance to escape from the flabing of the flab, and the act was merely a passive resistance to escape from the flabing of the flab, and it was caused by the flabing of the flab and the flabing of the flab without a justifiable reason. In light of other circumstances indicated in the records, the court below held that the defendant's act was reasonable to the extent permissible by social norms, and it constitutes a justifiable act under Article 20 of the Criminal Act.
According to the records, we agree with the above judgment of the court below, and there is no violation of the rules of evidence, such as assertion of argument, and there is no violation of the rules of evidence, and there is no violation of the legal principles, such as theory, just because the defendant's act constitutes a justifiable act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Sang-won (Presiding Justice) Lee Jong-won (Presiding Justice)