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(영문) 서울북부지방법원 2013.05.01 2013노271
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant misleads the victim as the husband's female, but the crime of this case is a justifiable act to protect the family, which does not go against the social norms.

2. To eliminate illegality as it constitutes a justifiable act, the following requirements should be met: (a) reasonableness of the motive or purpose of the act; (b) reasonableness of the means or method of the act; (c) balance between the protected interests and the infringed interests; (iv) urgency; and (v) supplementaryness that there is no other means or method than the act.

In light of the above legal principles, it cannot be deemed that the crime of this case does not meet the requirements of the justifiable act solely on the ground that the defendant misleads the victim who has no relationship with the husband as the husband's husband's husband's sexual intercourse. Thus,

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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