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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case by the Defendant and the claimant for an attachment order (hereinafter “Defendant”) correspond to the Defendant’s father and father of the victimized person first used violence, and thus, the Defendant’s act constitutes a legitimate defense.
2) The sentence sentenced by the lower court (15 years of imprisonment) to the Defendant is too unreasonable.
B. The crime of this case in which the Defendant applied for an attachment order was not committed against an unspecified victim on the ground of the loss of damage, shock control disorder, not committed by the Defendant on the ground that it was committed against an unspecified victim, but by explosion and explosion on the father for whom the long period of combustibility has been maintained on the ground of mental disorder, and the Defendant’s failure to commit the crime of murder may be deemed to be committed in conjunction with violent inclinations.
Although it is a question whether it can be determined, the judgment of the court below is erroneous in the misapprehension of legal principles.
2. Determination
A. In order to establish a legitimate defense under Article 21 of the Criminal Act as to the assertion of misunderstanding of legal principles, the defense act must be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, the completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense (see Supreme Court Decision 2009Do3624, Aug. 20, 2009). According to the evidence duly adopted and examined by the court below, the defendant is a conflict between the victim and the Kimchi air conditioning and the defendant, and the victim's "I will not see."
C. The victim is merely a person who kills the victim because the victim was found to have been dead, as soon as possible because of the existence of mental illness."