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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the event of this case, at the time of this case, the victim was able to take a bath first to the defendant, and even though the defendant was able to take the shoulder of the victim, the victim was able to die, and the defendant was led to the toilet, it was merely an act as described in the facts charged in order to escape from the victim.
Therefore, Defendant’s act constitutes self-defense under Article 21(1) of the Criminal Act or excessive defense under Article 21(2) of the same Act. The lower court found Defendant guilty of the facts charged in the instant case. In so doing, it erred by misapprehending the legal doctrine, which affected
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. In order to establish self-defense under Article 21 of the Criminal Act regarding the assertion of misapprehension of legal principles, the act of defense must be socially reasonable in light of all 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, etc. The act of defense must be socially reasonable. The excessive defense was committed to defend the current infringement of one’s own or another’s legal interest, but its defense was constituted when it exceeded the extent of the act of defense.
(See Supreme Court Decisions 92Do2540 delivered on December 22, 1992, and 2009Do3624 delivered on August 20, 209, etc.). Meanwhile, the act of sypt during a series of mutual strike, such as fighting, caused the other party to commit an act of violence, and thus, it does not constitute self-defense (see, e.g., Supreme Court Decisions 86Do1491 delivered on December 23, 1986; 95Do2945 delivered on September 6, 1996). According to the evidence duly adopted and examined by the court below, the defendant interested in TV from the Seoul Detention House C at the time of the instant case, and the victim was “sypting local broadcasting.”