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(영문) 수원지방법원 2019.02.12 2018고단5970

폭행

Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

In order to commit a crime, the defendant A and B are in a relationship between the home owner and the tenant.

On March 8, 2018, the Defendant: (a) around 13:25 on March 13:25, 2018, when the victim B (here, 41 years of age) who is the tenant in the front of the Gyeonggi-gu Seoul apartment complex D apartment complex D, and the Defendant returned only the remainder after deducting 1.4 million won out of the deposit for the deposit for the lease; (b) when he/she intends to get out of the elevator, he/she assaulted the victim’s body when he/she tights the victim’s body and close the elevator door, and caused the victim’s fingers to go in the elevator door.

Summary of Evidence

1. Legal statement of the witness B;

1. A medical certificate, medical treatment account statement, receipt, and medical expenses payment certificate;

1. The application of Acts and subordinate statutes to investigative reports (to hear statements of the defendant B) and recording records;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant A and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant first obstructed the Defendant A who is willing to board the elevator, and then was sealed by his body against it, sealed the Defendant B, and pushed the elevator, and did not have the intention of assault, and even if so, there was no intention of assault against the Defendant.

Even if this is a legitimate act, it argues that illegality is dismissed.

2. Determination

A. According to each evidence duly adopted and investigated by this court, the following facts are recognized:

1B is examined as a witness at the police station, and "The security deposit has not been paid to him/her at the same time, so his/her mind is uneasy and the defendant was in front of the common sense.

The defendant was aware that part of the deposit was collected and returned, and the owner of the house continued to keep himself before the present house, and he was 112.