Main Issues
The act of self-defense or excessive defense cannot be established, since the act of self-defense or excessive defense can not be established, since the act of self-defense or excessive defense is an act of attack, which has first been attacked by the other party and has been set up against it.
Summary of Judgment
The act of self-defense or excessive defense cannot be established, since the act of self-defense or excessive defense can not be established, since the act of self-defense or excessive defense is an act of attack, which has first been attacked by the other party and has been set up against it.
[Reference Provisions]
Article 21 of the Criminal Act
Defendant-Appellant
Defendant
Judgment of the lower court
Seoul High Court Decision 70No220 delivered on February 19, 1971
Text
The appeal is dismissed.
Reasons
The grounds of appeal by the defense counsel are examined,
On December 12, 1969, according to evidence, the defendant was unable to attack the victim at the same time with Non-Indicted 2, and the non-Indicted 3 met with Non-Indicted 2, and the defendant was able to capture Non-Indicted 3, who was living together with his house and returned to the house. The defendant was able to find out the victim who was living together with Non-Indicted 4 and was in possession of the victim's knife at the same place, and the defendant was able to find out the above victim's knife with the victim's knife at the same time without the defendant's attack. Thus, the defendant's knife and knife's knife and knife's knife's knife and knife's knife's knife's knife and knife's knife's knife.
Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by all participating judges.
Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu