beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, by misunderstanding of facts or misunderstanding of legal principles, committed an assault and assault against the Defendant, who was in driving seat, by putting his hand in a free will of the driver’s seat, and dump the breath, thereby getting out his arms to escape from the danger of life.
Therefore, even though the defendant's act constitutes excessive self-defense or excessive defense, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (200,000 won of fine) is too unreasonable.
2. Determination
A. In order to establish self-defense as stipulated in Article 21 of the Criminal Act as to the assertion of mistake of fact or misapprehension of legal principles, the act of defense shall be socially reasonable by comprehensively taking into account various specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interest to be infringed by the act of defense (see Supreme Court Decision 2007Do1794, Apr. 26, 2007). In a case where the perpetrator’s act was committed with the intent of attacking the victim’s unfair attack rather than with the aim of defending the victim’s unfair attack, and the act was committed with the intent of attacking the victim’s attack and protesting against it, the act has the nature of the act of attack at the same time as the act of defense, and thus, it cannot be deemed an act of self-defense or excessive defense.
(2) The court below rejected the above assertion on the ground that the defendant's act in the facts charged exceeds the limit of passive defense in light of the content and degree of assault against the defendant of this case, the defendant's act of assault against the defendant of this case, the attitude of the defendant's act, and the part and degree of the victim's injury, etc.
The above judgment of the court below is recorded.