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(영문) 대전고등법원 (청주) 2017.01.12 2016노134
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the period of five years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles, the victim first committed an attack against the defendant, and the defendant was killed in the course of taking the knife of the victim's knife and taking another hand to defend the defendant's life from the attack by the victim and taking another hand, and the act of the defendant constitutes legitimate defense and exceeded its degree.

Even though it is excessive defense, it is an excessive defense.

B. The punishment sentenced by the lower court (15 years of imprisonment) is too unreasonable.

2. Determination:

A. On April 10, 2016, the Defendant was a foreigner of Chinese nationality, and around 17:40 on April 10, 2016, in the residence of the victim E (the victim E (the victim’s 55 years of age, nationality: the People’s Republic of China) located in the voice group D 107, the Defendant: (a) brought about a dispute with the victim as a monetary problem; (b) pushed the victim over the floor; and (c) died of the victim’s neck on his/her back to the bottom; and (d) died of the victim’s neck.

Accordingly, the Defendant murdered the victim.

B. The lower court determined as follows, based on the evidence duly adopted and examined by the lower court, that is, (i) there was a beese with a small size of 1 cm on the left side of the Defendant immediately after the instant case, and 2 cm above the Defendant’s upper part, but the circumstance leading up to the above situation is unclear; and (ii) there was no other wound showing that the Defendant was suffering from the upper part other than the above upper part; and (iii) there was no other wound showing that the Defendant was suffering from the above upper part, and thus, the victim at the time of the instant case committed an attack on the Defendant’s kn

In addition, if both the victim's wife and the victim's wife are faced with surrounding goods, etc. during the process of physical fighting, they should have to remain in a degree similar to that of the victim if they are faced with the victim's unilateral attack.

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