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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On November 9, 2015, the Defendant: (a) 17:20 on November 9, 2015, the Defendant: (b) 17:20, the Defendant: (c) took a frightway for the main apartment complex located in the Haan-ro 35-ro, and took a fright bicycle, and (d) took a bath for the Defendant’s walk; (b) the Defendant frighted the Victim’s arms and body; and (c) the Defendant frighted the Victim’s arms and body; (d) frighted the Victim’s arms on his part; and (e) frights and tensions, etc., the Defendant sustained two weeks of treatment.
2. According to the evidence submitted by the prosecutor, it is acknowledged that the defendant, as stated in the facts charged, carried the body and arms of the victim by putting the victim's arms and bodies in double hands, and divided the victim's arms and arms, which are above the floor, and the defendant and his defense counsel recognized the above acts and asserted that such acts constitute a legitimate act because they constitute arrest of flagrant offenders as stipulated in Article 212 of the Criminal Procedure Act. Thus, the above acts are examined.
Whether a certain act constitutes a justifiable act as a ground for excluding illegality should be reasonably and rationally decided depending on specific cases. To recognize a justifiable 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 protection of legal interests and the infringement of legal interests; (iv) urgency; and (v) supplementary requirements that there are no other means or methods except the act; (ii) anyone can arrest a criminal without a warrant; and (iii) the current criminal can arrest a criminal without a warrant, so the illegality of a private person's arrest of a flagrant offender should be avoided; (iii) there is a concern that the criminal act may be punishment for the act; (iv) the current situation of the crime; (v) the necessity of arrest other than the apparentness of the crime; and (v) there is