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(영문) 서울북부지방법원 2017.02.16 2016고정2058

폭행

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 8, 2016, at around 20:10, the Defendant assaulted the victim, who was living in the lower floor, with the noise and tobacco smoke between the victim D and the floor living in the lower floor, while the Defendant was suffering from a dispute over the noise and tobacco smoke.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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;