beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case, the victim, who was under the influence of alcohol, committed sexual assault (rape-rape) in his/her own content, and the Defendant committed assault to the victim in the process of suppressing the victim in order to protect F’s legal interests, and thus constitutes a legitimate defense or excessive defense.
Even if the victim was not sexually abused the F, the Defendant, who discovered that the F and the victim exceeded the F in his lux, was not sexually imprisoned, after hearing the answer that the Defendant was not sexually ill, and the F was sufficiently aware of the fact that the Defendant was sexually abused, and there were reasonable grounds for such misunderstanding. Thus, the Defendant’s act constitutes misunderstanding defense.
B. The sentence sentenced by the lower court (three months of imprisonment and two years of suspended sentence) is too unreasonable.
2. Determination
A. 1) In order to establish a political party defense as stipulated in Article 21 of the Criminal Act, the defense act should be socially reasonable, taking into comprehensive account various specific circumstances, such as the type, degree, method, and level of infringement of legal interests by the act of infringement, and the kind and degree of legal interests to be infringed by the act of defense (see, e.g., Supreme Court Decision 2007Do1794, Apr. 26, 2007). 2) The lower court and the evidence duly adopted and examined by the first instance court, and the first instance court, comprehensively taking into account ① the evidence duly adopted and examined by the first instance court, the defendant who was the head of the camping team team at the time of the instant case discovered that the defendant was in the state of body of the victim and found that the defendant was in the state of body of the victim and did not go to the second person, but did not go to the police station at the time of the victim’s answer, and the defendant was in the state of damage the victim was in the state of one under influence.
u.s. u.