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(영문) 서울북부지방법원 2016.08.18 2015노1998
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant's act constitutes a legitimate defense, since the victim, first of all, was a victim of a political party's defense, committed an attack on the defendant's chest while being sealed by the defendant, and the defendant was only sealed to the defendant to avoid defending the defendant.

B. The victim of a political party’s act, first of all, pointed out the fluorous behavior of young people by the Defendant, and the victim continued to be fluorially, and had been able to escape tobacco before the Defendant. In such a situation, the act, such as the Defendant’s written facts charged, constitutes a justifiable act in light of the sound social norms of the victim, in light of the victim’s non-fluorial behavior.

2. Judgment on the grounds for appeal

A. The "act that does not violate social norms" under Article 20 of the Criminal Act refers to the act that 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 specific circumstances and on an individual basis, the following requirements are met: (a) legitimacy of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2003Do300, Sept. 26, 2003); and (c) the legitimate defense defense under Article 21 of the Criminal Act is established, taking into account the type of infringement of legal interests by the act; (d) the degree and degree of infringement; and (e) the degree of infringement of social and legal interests by the act of infringement.

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