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(영문) 의정부지방법원 2017.02.07 2016고정2275

폭행

Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of 105 apartment units C in Namyang-si, and the victim D (60) is the resident living in the above 105 Dong.

The defendant, on July 28, 2016, within the above C Apartment Management Office around 19:12 on July 28, 2016, and whether the victim who attends the meeting as a resident witness during the representative meeting as the victim's witness is suffering from the meeting.

The victim assaulted the victim by using the method of holding the victim's chest on one hand on the ground that he/she obstructs the meeting by raising "abbsing the victim", etc.

Summary of Evidence

1. The defendant's legal statement (as at the third date);

1. Written statements;

1. Application of the Acts and subordinate statutes to photograph CCTV images at the location where this case occurred;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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;

1. In light of the fact that the Defendant, on the grounds of sentencing under Article 186(1) of the Criminal Procedure Act, has a record of having been sentenced to a fine of KRW 300,000 due to assault around 2016, a fine prescribed in the summary order is excessive.