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(영문) 부산지방법원 2014.04.24 2013노3833
폭행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: (a) the Defendant and the victim were satisfed with the intent of attack; and (b) the Defendant committed a harmful act by protesting against the victim’s attack; and thus, (c) the Defendant’s act is at the same time a defensive act, and thus, (d) it is difficult to deem the Defendant’s act as self-defense.

2. On May 2, 2013, at around 13:30 on May 2, 2013, the summary of the facts charged is that the victim G saw a substitute guide attached at the conference of the labor union in front of the office of the D Co., Ltd. D Co., Ltd., Ltd., and the Defendant saw that the Defendant “I am fright, softened a poster soften, soften, softened, softened,” and the Defendant saw that “I amfright anywhere I amfe, and amfen,” thereby selling the Defendant’s chest’s chest’s body with two hand, by assaulting the Defendant’s chest with the inner wall of the office, such as she she takes a flab with a fluor, and her breast with a fluor, which requires treatment for 10 days in front of the D Co., Ltd., Ltd.’s branch, and assaulted the victim’s body against it.

3. Determination

A. Even according to the facts charged in the judgment of the court below, G’s above act constitutes the current unfair infringement against another person’s life and body. Since the Defendant’s act is deemed to be an act to defend the infringement, it constitutes legitimate self-defense under Article 21(1) of the Criminal Act.

B. In order to establish self-defense under Article 21 of the Criminal Act, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interests to be infringed by the act of defense, etc. of infringement. The elements for establishing self-defense are elements for establishing self-defense.

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