가정폭력피해자에 의한 가해자 살해-정당화 및 면책사유의 검토

Abstract

In cases that the family violence victims murder violence assaulters, the court have been making judgements with a very limited application of justification and without considering the possibility of excuse. In this paper, I'd like to investigate justification and possibility of excuse under the criminal point of view for the family violence and the corresponding action to the violence. In cases that the justification condition and the possibility of excuse could not be applied, the idea of the excessive self defence, the urgent refuging action and the assertion of the physical damage with causal and effected connection should be considered on the process of considering criminal crime establishment.