logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.09.17 2015노734
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

one confiscated bee (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, who asserted self-defense or a legitimate act, was sexually abused domestic violence and sexual abuse for about 30 years from her husband, and even before the instant case, the Defendant was in a situation of assault and abuse from her husband, and thus, there was an unreasonable infringement on the Defendant’s life and body. In addition, since the victim was in a situation close to his organization violence and abuse, the Defendant could not escape from violence and abuse by reporting to the police or escape. In a case where the Defendant escaped, it is clear that the Defendant would have been in danger to the victim’s pro-Japanese life, and thus, the Defendant’s defense act is socially reasonable. Even if self-defense was not established, the Defendant’s act does not violate social rules, and thus, it constitutes a legitimate act. Therefore, the lower court erred by misapprehending the legal principles on self-defense or behavior of this case, which affected the conclusion of judgment by misapprehending the legal principles as to the act of self-defense and behavior of this case, thereby affecting the conclusion of judgment.

3) The sentence imposed by the lower court on the assertion of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s self-defense or legitimate act.

arrow