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(영문) 서울중앙지방법원 2020.06.30 2019노4218
폭행
Text

The defendant's appeal is dismissed.

The litigation costs of the original judgment and the party deliberation shall be borne by the defendant.

Reasons

1. The summary of the grounds of appeal (legal scenario assertion) that the Defendant used to assault the victim as stated in the facts charged of this case interfered with the victim’s demonstration even in the ordinary meeting of the Defendant without any justifiable reason, and that it occurred in the process of the Defendant’s removal by opening the front door on the day of this case. This constitutes self-defense under Article 21 of the Criminal Act, which is an act to escape or defend from the present unfair infringement, or an act to defend against the freedom of expression guaranteed by the Constitution, the freedom of assembly and demonstration, and its legitimate exercise of rights, and thus, constitutes a legitimate act under Article 20 of the Criminal Act, and thus, it does not go against social norms, and thus, constitutes a legitimate act under Article 20 of the Criminal Act, the lower court rejected this and thereby convicted the Defendant of the charges

2. Determination

A. The "act that does not violate social rules" under Article 20 of the Criminal Act 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 whether certain act is justified as a legitimate act that does not violate social norms, and thus, 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 protected interests and the infringed interests, the fourth urgency, and the fifth supplementary nature that there is no other means or method than the act. In order to establish self-defense under Article 21 of the Criminal Act, the act must be established by the type, degree, method, method of infringement, the complete completion of the act and the defense act, etc.

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