logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.12.27 2012노3634
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s act of self-defense is a justifiable act under the Criminal Act that does not violate the social rules and is not unlawful, in full view of the background, purpose, means, and the intent of the Defendant, etc., even though the victims suffered an injury, since he/she was unilaterally assaulted by the victims under the circumstances of 2:1 unilaterally and seriously.

Nevertheless, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of the instant injury, thereby adversely affecting the conclusion of the judgment.

B. Although the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) In order to recognize a certain act as a self-defense as a legitimate defense, the act must be reasonable to defend against the current infringement of one’s own or another’s legal interest. Therefore, it is not recognized as legitimate self-defense against an unlawful infringement. Whether the act of defense is socially reasonable should be determined by taking into account all specific circumstances, such as the type, degree, method of infringement, the degree and degree of the legal interest infringed by the act of defense, and the kind and degree of the legal interest to be infringed by the act of defense.

(1) In cases where a perpetrator’s act constitutes an act of attack, rather than an act of defending a victim’s unfair attack, the perpetrator’s act constitutes an act of attack, and thus, constitutes an act of attack. In such cases, the perpetrator’s act at the same time constitutes a defensive act.

arrow