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(영문) 춘천지방법원 2016.02.03 2015노1001

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.


1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding and misunderstanding of legal principles (with respect to special injuries), the Defendant did not have a knife a victim as stated in the judgment below, but only suffered a bodily injury by being knife on the knife cited by the victim in the course of making a knife with the victim.

B. The Defendant’s act constitutes excessive self-defense by setting aside a knife, which is a deadly weapon, to defend himself/herself from the damaged person by setting up against the assault by the victimized person, and the Defendant’s act constitutes excessive self-defense.

2) The sentence of the lower court’s unfair sentencing (three years of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the Prosecutor applied for permission to amend the Bill of Amendment to the Criminal Act to "Article 258-2 (1) and Article 257 (1) of the Criminal Act" as the name of the crime concerning "a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" among the facts charged in the instant case, and the applicable provisions of the Act on the Punishment of Violence, etc. were amended to "Article 258-2 (1) and Article 257 (1) of the Criminal Act". Since this Court permitted this, the judgment of the court below cannot

However, the judgment of the court below is still subject to the judgment of the court, since the defendant's misunderstanding of facts and misapprehension of legal principles are still subject to the above judgment of the court.

B. We examine the determination on the assertion of misunderstanding of facts and legal principles, the evidence duly adopted and examined by the court below and the court below, in particular, the witness G’s witness G’s statement, the police interrogation protocol of G, the field identification record, and the results of field identification, and each investigation report (the victim G’s injury attachment, etc., the visit investigation, the suspect G mobile phone attachment, etc., the suspect G mobile phone attachment), the list of seizure and seizure, each medical certificate, and the copy of medical records.