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(영문) 의정부지방법원 2014.10.16 2014고정1243

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The victim C is a resident of the D apartment, and the defendant is the management chairperson of the above apartment.

At around 20:30 on March 17, 2014, the victim took care of the defendant's face due to the depression that was being raised by the noise problem between apartment floors in the D apartment management office in Dongducheon-si, Doducheon-si, with the care of the defendant's face.

Accordingly, the Defendant committed assault against the victim by cutting off the victim's breath as seen above at the above date, time, place, and booming the victim's breath with breath as a hand.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to the defendant's statement;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act (Article 70(1) and Article 69(2) of the Criminal Act) of the same Act provides that a fine of 300,000 won (where the defendant does not pay the above fine, 10,000 won shall be detained in the workhouse) shall be charged to the defendant and his defense counsel’s assertion that the defendant and his defense counsel shall take into consideration the motive and appearance of the crime, taking into account the motive and appearance of the crime, and considering the minor degree of damage, and all other circumstances revealed in the record) of the suspended sentence of sentence: The defendant and his defense counsel’s assertion that the defendant committed a bage of the victim to prevent the victim from escape when the victim faces his face. Thus, this does not constitute self-defense to attack the victim.

In fact, one party unilaterally commits an illegal attack, and the other party protects himself from such attack, even if it appears to be fighting between them.