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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts (the defendant) that the defendant has reached the victim's shoulder knife one time and caused the victim's death, but this is merely a knife with the intent of the defendant to escape from the victim's violence and there was no intention to kill the victim at the beginning.
In the judgment of the court below, although all jurors presented the opinion of innocence through the citizen participation trial procedure, the court below judged the defendant guilty of the facts charged in this case on the ground that the defendant had intention to murder. The judgment of the court below is erroneous by misunderstanding facts and affecting
B. Even if the Defendant had failed to commit murder, there was a willful negligence in murdering the Defendant.
Even if the defendant's act, such as the facts charged, is an act to defend himself from the danger of an imminent assault, and thus constitutes an excessive defense under Article 21 (3) of the Criminal Code or an excessive defense under Article 21 (2) of the Criminal Code, liability or punishment should be reduced or exempted.
C. As to the punishment sentenced by the court below (the defendant and the prosecutor), the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that the defendant is too unreasonable.
2. Determination
A. 1) In the lower court’s judgment on the Defendant’s assertion of misunderstanding of facts, the instant trial procedure was conducted by the Defendant as a participatory trial. The jurors concluded that the Defendant did not have any intention to murder and concluded that the Defendant had no intention to murder, and thus rendered a verdict of innocence, but the lower court rendered a judgment of conviction by deeming that the Defendant had intention to murder, contrary to the jury’s opinion. Although the jury’s verdict was not binding on the court (Article 46(5) of the Act on Citizen Participation in Criminal Trials, the participatory trial was directly determined by the jurors representing the general public.