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(영문) 서울동부지방법원 2018.11.23 2018고정786

폭행등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 폭행 피고인은 2018. 2. 23. 23:50 경 서울 송파구 B 아파트 C 동 1 층 엘리베이터 앞에서 피고인의 윗층에 살고 있는 피해자 D(38 세 )에 대하여 평소 층 간 소음으로 인한 불만을 품고 있던 중 피해자를 발견하고 피해자에게 “ 뭘 꼴아 봐 ”라고 욕설을 하면서 손으로 피해자의 멱살을 잡아 복도 쪽으로 밀치고, 손으로 피해자의 볼을 세게 꼬집어 폭행하였다.

2. On February 28, 2018, at the same place as No. 11:30 on February 28, 2018, the Defendant: (a) reported the victim to the police about the assault damage under paragraph 1 at the same place as that of paragraph 1; and (b) the Defendant “Nea reported” to the Defendant.

"Around two weeks' face of the victim was taken by drinking as a food, and the left-hand snow pool and open room around snow were required for treatment of the victim."

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A medical certificate;

1. A photograph of the upper part of the body and a photograph of each CCTV image analysis to take a major course;

1. Application of each CCTV video CD-related statute;

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 257(1) of the Criminal Act (the point of harm), and the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;