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(영문) 서울북부지방법원 2015.06.25 2014고정1129

폭행

Text

Defendant

A A shall be punished by a fine of KRW 700,000,000,000,000,00

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[2014 high-level 1129] - Defendant A committed assault against the victim on January 13, 2014, around 11:45, at the entrance of G apartments in Dongdaemun-gu Seoul, the victim B (the age of 55) disputed with respect to machinery and equipment construction installed by the Defendant, and the elbow part of the victim's chest.

[2014 High Court Decision 1522] - Defendant A and B

1. On April 18, 2014, around 22:35, Defendant A committed assault against the victim, i.e., the victim B (the age of 55) around G apartment in Dongdaemun-gu Seoul, on the following grounds: (a) having access to the said apartment; (b) having access to the said apartment; and (c) having sealed the victim, i.e., being pushed down with the chest and flapsing the bat.

2. Defendant B, at the same time and place as in the preceding paragraph, committed assault, such as booming the fat of the victim A (the 59-year old-old) by breath’s hand, on the same grounds as in the foregoing.

Summary of Evidence

1. Defendants’ respective legal statements

1. A’s legal statement;

1. A statement recorded on the fifth public trial by the witness B; and

1. Determination as to each of the defendants and their defense counsel's arguments

1. Summary of the assertion

A. As to the violence committed on January 13, 2014, Defendant A and his defense counsel asserted that even though H received a decision of prohibiting access and prohibiting obstruction of business against NASPC and NASC Co., Ltd., but Defendant B entered the G apartment of this case against the above provisional disposition order, Defendant A’s act of preventing this from entering the G apartment of this case constitutes a justifiable act. As to the violence committed on April 18, 2014, Defendant B was against the above provisional disposition order and against the above provisional disposition order, it merely asserted that Defendant B’s act constitutes a justifiable act.

B. Defendant B and his defense counsel merely defensive against Defendant A’s unfair infringement with regard to the fact of assault on April 18, 2014.