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(영문) 서울고등법원 (춘천) 2013.05.01 2012노258

살인

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the process of misunderstanding of facts, the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

B. The sentence imposed by the lower court (four years of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below 1 as to the assertion of mistake of fact, the court below rejected the defense of self-defense and excessive defense for the following reasons.

If the act of murder by the defendant constitutes a self-defense under Article 21 (1) of the Criminal Code or excessive defense under Article 21 (2) and (3) of the Criminal Code, the act of murder by the defendant must first be an act to defend the current illegal infringement of his/her

At the time of the instant crime, the Defendant argued that the victim knife knife and knife knife knife knife knife the other knife knife knife knife knife with the other knife knife, and that the knife knife knife knife knife knife knife with the other knife while knife knife knife knife with the other knife. However, considering the following circumstances acknowledged by evidence duly adopted and investigated by this court, the Defendant’s argument that the