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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the act of the defendant to resist the microbial of the defendant when the victim takes a bath and the defendant seeks to capture the microbial of the defendant, which corresponds to the defense of a political party or the act of a political party;
Therefore, the lower court erred by misapprehending the legal doctrine that found Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Whether a certain act is justified as an act that does not contravene social norms, and the illegality is excluded should be determined on an individual basis by considering the following specific circumstances: (i) the legitimacy of the motive or purpose of the act; (ii) the reasonableness of the means or method of the act; (iii) the balance between the legal interests of the protected interests and the interests infringed; (iv) the urgency of the act; and (v) the supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2006Do9307, Mar. 29, 2007, etc.). The legitimate defense of Article 21 of the Criminal Act requires that there is a considerable reason to believe that there is an unlawful infringement of legal interests as an act to prevent the current unfair infringement of the legal interests of oneself or others.
Even if there is a lack of urgency or defense action is not reasonable, it shall meet the requirements for political party defense.
It cannot be seen that the act of defense is socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the level of completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense (see, e.g., Supreme Court Decision 2006Do9307, Mar. 29, 2007). (b) In full view of various circumstances, such as the motive and background of the act of this case, the means and method of crime, and the degree of assault, which are recognized in accordance with the evidence duly adopted and duly examined by the court below and the court below.