209No197 homicide

Ministry of Foreign Affairs, Ministry of Foreign Affairs

Ratification

Reference domicile

Defendant

In-depths

Law Firm Samil, Attorney Song-hae et al.

Daegu District Court Decision 2009Gohap10 Decided April 22, 2009

June 25, 2009

The defendant's appeal is dismissed.

64 days under confinement before the pronouncement of this judgment shall be included in the penalty of the original judgment.

1. Summary of grounds for appeal;

(a) excessive self-defense or an excessive defense;

As the Defendant was abused by verbal abuse and assault from the victim and threatened the victim with his knife and knife the knife first of all, the Defendant killed the victim to defend his body and life by resisting unfair infringement, the Defendant’s act constitutes self-defense. Thus, the Defendant’s act constitutes self-defense. Even though it is not so, the Defendant’s act of defense constitutes an excessive defense under Article 21(3) of the Criminal Act, which goes beyond the reasonable degree due to fear, light, entertainment, or confusion under the night and other extraordinary circumstances, and thus, the Defendant’s act constitutes an excessive defense.

B. Unreasonable sentencing

The sentence of the lower court (six years of imprisonment) is too unreasonable.

2. Determination

A. Determination as to the assertion that the act constitutes excessive defense or excessive defense

In the court below's argument that the defendant's assertion was excessive and excessive as to the ground for appeal of this case, and the court below rejected the above assertion by the defendant under the title "a judgment as to the allegation that the defendant constitutes excessive self-defense or excessive self-defense" under the title "as to the fourth or lower court's decision, the court below's decision is justified and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant."

B. Determination on the assertion of unfair sentencing

In light of the fact that the crime of this case was committed by the victim who has been married for 28 years, knife with a kitchen knife, and the life of the victim is the most respected value that can not be restored smoothly if it is infringed once, and that it cannot be used for any reason, and that the victim's self-confise cannot be used from the victim's self-confise, etc., the victim first brought the knife and threatened the defendant first, brought about the basic cause for the crime of this case, brought about the victim's assault, made the victim's knife with drinking while married, and made several assaults to the defendant during his marriage, three children and the victim's family members, who are the victim's bereaved family members, knife the defendant's wife, knife with the victim's knife with the victim's knife and knife with the victim's knife.

3. Conclusion

Therefore, the appeal of this case by the defendant is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and 64 days of confinement before the pronouncement of this decision shall be included in the punishment of the original judgment pursuant to Article 57 of the Criminal Act. It is so decided as per Disposition.

Judges of the presiding judge - - The Constitution of judges

Judge Lee Jae-don Dom-guis Dom-gu

Judges Kim Sung-he