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(영문) 부산고등법원 (창원) 2014.05.14 2014노51
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, when the victim threatened the Defendant with a knife and assaults the Defendant’s wife, the Defendant knifeed the victim to defend himself and his wife. Although the Defendant’s act constitutes self-defense or excessive defense, the judgment of the first instance court erred by misapprehending the legal principles.

B. The sentence sentenced by the first instance court of unfair sentencing (seven years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal principles, the defendant and his defense counsel argued the same purport as the reasons for appeal in the first instance trial, and the first instance court rejected the above assertion on the ground that the defendant's act is judged to have been knife with a knife in order to attack the victim's behavior and to attack the victim's unfair attack, and it cannot be seen as self-defense or excessive defense, since the defendant's act is judged to have knife with a knife with a knife in order to attack the victim by attacking the victim, it cannot be seen as falling under self-defense or excessive defense.

Examining the judgment of the first instance court closely with the record, it is acceptable to accept the judgment as justifiable. Thus, this part of the allegation by the defendant and defense counsel is without merit.

B. As to the assertion on unfair sentencing, the Defendant appears to have committed the instant crime in a contingent manner because he and his wife are threatened with knife from the victim without any reason and several assaults several times. The Defendant immediately after the instant crime was committed, immediately reported to 119 and voluntarily surrendered, and the victim’s bereaved family members are compensated for and agreed to compensate for damages.

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