A woman in her 40s who injured a man living with her while driving while holding a weapon while saying "I will kill all of your family" was recognized as 'excessive defense' and acquitted at the People's Participation Trial.
The 15th Criminal Division of the Suwon District Court (Chief Judge Jo Hyu-ok) announced today (13th) that they had acquitted Mr. A, who was charged with special injuries.
On the night of August 17 last year, Mr. A was charged with injuring Mr. B by swinging a weapon in the passenger seat of a car driven by Mr. B (50), who lives with him.
Person A, who stayed at her brother's house for a few days after an argument with Mr. B, said, "I will check to see if it is true that you were at my brother's house. I will kill all your family members." They were found to be carrying a weapon and riding in a vehicle together.
On the way to his older brother's house, Mr. B was driving with a weapon in one hand and said, "Today is the day you die. Your son will also die in turn."
In the trial conducted as a participatory trial, Mr. A said, "I have never stabbed the victim with a knife." "If there was an act of stabbing, it is self-defense and there is no illegality. There is no such thing," he pleaded not guilty.
All of the 7 jurors who participated in the public participation trial were acquitted, saying that the defendant's actions were recognized as excessive defense, and the court also accepted the verdict and acquitted them.
Excessive defense refers to an act of defense that exceeds the level of self-defense.
As self-defense, the illegality is not eroded, but the liability may be reduced or exempted depending on the circumstances.
Article 21 (Justice Defense) of the Criminal Act stipulates that even if the act of defense exceeds the extent (excessive defense), there will be no punishment if the act was done in a case of shock, excitement, or embarrassment when fear was felt at night or in an unstable state.
(Photo = provided by Yonhap News TV, Yonhap News)