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The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
Reasons
1. The act of breaking the interest of the victim who was getting out of stairs in the course of escape of the defendant shall not be evaluated as a justifiable act because it does not meet the requirements for a justifiable act; and
Nevertheless, the judgment of the court below which acquitted the defendant on the premise that the charges of this case against the defendant constitute a justifiable act is erroneous in the misapprehension of legal principles and affected the judgment.
2. Determination
A. On July 22, 2014, at around 08:35, the Defendant, at the platform of the Guro Digital Group located in Guro-gu Seoul, Guro-gu, Seoul, 577, was a starting point in the subway, and became a starting point in the subway, and the Defendant was assaulted by the victim, and suffered injury, such as cutting down the victim’s neck, where the victim, who was driving away from his arms to get her arms out of his arms to get her arms out of his arms, by assaulting the victim, and cutting down the victim’s neck, etc., for about 14 weeks of treatment.
B. The judgment of the court below at the time of the instant case, the Defendant was unilaterally assaulted by hand and drinking on several occasions from the victim in subway and platform, and the Defendant, without any defense at all, intended to restrain the victim who wants to flee when requesting a 112 report to the surrounding persons, was frightened by the victim's her arms by driving away from the victim. This is justified as an act to arrest a flagrant offender. It is recognized that the Defendant was justifiable as an act to arrest a flagrant offender, and that the Defendant was frighting the victim's her arms by selling after selling in order to prevent the victim from escape instead of directly committing assaulting the victim. The location of arresting the victim is the place where the Defendant was arrested, and the result of the victim's serious injury was generated, but when the Defendant's act is viewed as an act, it is between the legal interests protected by the law.