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(영문) 서울북부지방법원 2013.05.09 2012고정3419
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the vice president of the C University, and the victim D(23 years of age) is the president of the C University.

At around 10:00 on September 10, 2012, the Defendant: (a) confirmed the use of the autonomous fund by opening the door of the said total student conference; and (b) used the computer hard disc in the said total student conference room at his own discretion; (c) assaulted the victim’s chest at least three times in both hands.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant and his defense counsel asserted that the defendant's act of this case was during the process of leaving the general student meeting room, and constitutes a justifiable act that does not violate social rules, as it was committed in the process of leaving the victim who illegally occupied the general student meeting room.

"Act which does not violate social norms" under Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and which act is a legitimate act that does not violate social norms and thus, the illegality of which act is excluded should be determined individually by rationally and reasonably considering the following specific circumstances. To recognize such legitimate act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method of the act; (iii) balance between the protected interest and the infringed interest; (iv) balance between the protected interest and the protected interest; and (v) supplementary nature that there is no other means or method other than the act.

(see, e.g., Supreme Court Decision 2010Do2680, May 27, 2010). According to the health team and the evidence presented above, the Defendant, based on the above-mentioned evidence, up to 15 Defendant, including approximately two police officers at the time of the instant case and approximately three employees at C University Student Support Center.

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