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(영문) 서울고등법원 2013.11.22 2013노2077
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Considering the background leading up to and the process of the instant case, the Defendant’s act constitutes self-defense as an act to defend the present infringement of the Defendant’s body, and even if the act of defense exceeds the extent and lacks reasonableness, it constitutes excessive defense.

Even if the act was committed at night due to the fear or confusion at night, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor tried to examine the name of the crime in this court from "an attempted crime" to "violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)". The applicable provisions of this Act were modified to "Article 254 and Article 250 (1) of the Criminal Act" and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in the facts charged, "the victim, etc. can be tried to kill the victim using the elbel selbow sel, etc. using the seld selbow sclurbow scl, etc. on the floor, and then the defendant tried to kill the victim one time with the sturgical scird part of the main body of the victim with the sturgical sel scird part of the victim's body, etc.

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