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Defendant shall be punished by a fine of KRW 300,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
D (the age of 56) around November 24, 201, around 20:25, the defendant, in front of the defendant's house, who is a model in the Namdong-gu Incheon Metropolitan City E-3th floor, left the entrance door by walking the door at a hand and pedal on the ground that the defendant, in front of the defendant's house, he did not distribute the property inherited from his parents equally.
그때 피고인이 현관문을 열고 나오자 D은 피고인을 잡고 1층으로 끌고 내려와 피고인의 팔목을 잡고 비틀면서 무릎으로 피고인의 가슴을 누르고, F(53세)은 발로 피고인의 허리부위를 2-3번 가량 걷어찼다.
Since the defendant's wife G (W, 52 years old) continued to restrain it, D and F were pushed ahead of G.
The defendant set up against the acts of the victim D, such as the statements in the preceding paragraph, and pushed down the victim's satis and flab, pushed down the bridge, set up the victim F(53 years of age) beyond the breath, and G was pushed down the victims.
Accordingly, the defendant committed violence to the victims jointly with G.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of each police interrogation protocol to D or F
1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the Act on the Selection of Punishment of Violences, etc., and Article 260 (1) of
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel's assertion on the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant's act constitutes a passive resistance, and thus, illegality is denied as a self-defense. However, in light of the motive of the defendant's act, situation at the time of the act, the victim's assault and degree, etc. acknowledged by each evidence in the judgment, the defendant's act is deemed to have the nature of an attack at the same time as the defense. Thus, it was inevitable to escape from the wrongful infringement on his body.