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(영문) 서울고등법원 2015.01.08 2014노3241
살인
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) After the victim’s self-defense and over-defense or over-defense knife knife the Defendant’s hand by knife, the Defendant knife the Defendant’s hand, and then the Defendant was knife onto the knife and knife the Defendant’s hand at any time, and the Defendant was able to attack at any time, and thus, at the time of the crime of this case, the infringement was continued at the time of the crime of this case. The Defendant was under a state of infringement. The Defendant, without seeking jobs, hife the Defendant’s knife the knife of drinking and knife the Defendant’s knife the knife that the knife was to kill the Defendant by again knife the knife of the Defendant, and thus, the Defendant’s act constitutes self-defense, over-defense or over-defense, but the judgment of the first instance is unlawful.

(b)the sentence of the first instance court for the inspection is too uneasible and unreasonable;

2. Determination:

A. Regarding the Defendant’s self-defense, excessive defense, or erroneous defense, in order to constitute self-defense as stipulated in Article 21(1) of the Criminal Act or excessive defense as stipulated in Article 21(2) and (3) of the Criminal Act, the act of defense must be an act to defend the present unfair infringement. According to the evidence duly adopted and examined by the first instance court, the Defendant was aware of the victim’s knife with knife with the Defendant’s left hand with knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife, cut the Defendant’s left hand by cutting the knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife, and the Defendant was aware of the victim’s knife with the Defendant’s hand.

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