beta
Text
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 Defendant case) The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”)
(2) The Defendant’s act constitutes excessive self-defense as stipulated in Article 21(1) of the Criminal Act or excessive self-defense as stipulated in Article 21(2) of the Criminal Act, on the ground that the Defendant’s act constitutes excessive self-defense as stipulated in Article 21(1) of the Criminal Act or excessive defense as stipulated in Article 21(2) of the Criminal Act.
3) The lower court’s sentence against the Defendant of unreasonable sentencing (the imprisonment of eight years) is too unreasonable.
B. In relation to the claim investigation, which is the basis for the claim for the attachment order of this case, the right to refuse to make a statement was delayed, and the contents of the statement are unfair, unreasonable, and the defendant is not deemed to be likely to recommit the murder crime, but the court below erred by misapprehending legal principles.
2. Determination on the grounds for appeal
A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant is deemed to have served alcohol immediately before the crime of this case, but in light of various circumstances such as the background of the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime, etc., which are acknowledged by the above evidence, the defendant's allegation in this part of the grounds of appeal is without merit. The defendant's allegation in this part of the grounds of appeal is without merit. 2) In order to establish self-defense or excessive defense as stipulated in Article 21 of the Criminal Act as to the defense of self-defense or excessive defense, it is an act to defend the present unfair infringement against his or another person's legal interest, and it is a legal interest infringed by the infringement.