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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. The judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that the defendant's act of bringing the victim out of the victim's back part of the ground for appeal is an exercise of direct tangible power against the human body. Thus, the court below erred by misapprehending the legal principles.
2. Determination
A. On June 28, 2012, around 12:10 on June 28, 2012, the Defendant: (a) sought a victim’s own finding at a location where the victim D (the age of 57) is working for the Defendant; and (b) demanded the repayment of the debt at the office located in Busan District Co., Ltd., Ltd., Ltd., Busan District; and (c) sought a victim’s back portion of the victim’s softened, and assaulted the victim out of
B. According to the records, the court below found the defendant not guilty on the ground that the defendant's behavior cannot be deemed as a aggressive illegal act committed from the intent of causing harm to the body of the victim, on the ground that it is difficult to view that the defendant's behavior was an aggressive illegal act committed by the victim, on the ground that it was a aggressive act from the victim's intent to inflict harm on the body of the victim. The court below found the defendant not guilty on the defendant. The court below found the defendant not guilty on the ground that the defendant's behavior was an aggressive act from the victim's intent to inflict harm on the body of the victim.
C. However, we cannot agree with the above determination by the court below for the following reasons.
The term live, passive, defensive, or passive, resistance is an act that has no illegality since it is an act that is a fluent passive defensive act to prevent the other party from committing an improper act and that is reasonable to the extent permitted by social norms (see, e.g., Supreme Court Decision 95Do936, Aug. 22, 1995).
I return to the instant case.