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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the victim and the husband of the victim wanted to drive away from the Defendant, and the defendant, who was frightened and escaped, caused the instant act to defend himself/herself. This constitutes self-defense.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment and one year of suspended execution) is too unreasonable.
2. Determination
A. In order to establish self-defense as stipulated in Article 21 of the Criminal Act with respect to the assertion of legal principles, the act of defense must be socially reasonable and considerable, taking into account all specific circumstances, such as the type, degree, method of infringement, and the type and degree of legal interests to be infringed by the act of defense, and the kind and degree of the legal interests to be infringed by the act of defense. In addition, there must be reasonable grounds as an act
(See Supreme Court Decisions 98Do3506 delivered on January 26, 199, 2008Do7156 delivered on March 12, 2009, etc.). According to the aforementioned legal principles, the following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the defendant in accordance with the legal principles as seen earlier: ① the victim, who is a victim, was installed with two body of the defendant, at the time when the smoke of the stove boiler installed by the defendant enter the victim’s house, refers to the defendant’s body, so it is high, and the victim was able to take a stove with two body of the defendant, who was under construction under the influence of alcohol, and tried to s to s to stove the victim’s body, and then the defendant was able to kill the victim.