beta
(영문) 의정부지방법원 2018.04.26 2017고정1837

폭행

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim C (V, 43 years old) are adjoining neighbors who reside in D Apartment 405 Dong, Do Government-si, and the defendant 102 and the victim are residing in 202, the upper house.

On January 14, 2017, at around 18:00, the Defendant assaulted the victim's body by force on several occasions due to the defect of the victim's behavior, such as walking the front door, while the victim and the victim were in dispute with each other in order to prevent pipe wave in front of the 102 entrance.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement of witness E;

1. The defendant and his defense counsel asserted to the effect that CCTV files CD (the defendant and his defense counsel merely carried the victim's door at the time of the instant case in order to close down the door with the defective cold and frozen mind so that the victim cannot walk the door and close the door, and even if such act constitutes violence, it constitutes a legitimate defense or a legitimate act.

However, the circumstances acknowledged by the evidence duly adopted and examined by this court, i.e., (i) the victim met the water from the pipe wave in the (second floor) residence at the time of the instant case; (ii) the situation was that the apartment management office requested the Defendant to connect the heat line device installed to prevent the pipe wave within the Defendant’s residence (first floor); and (iii) there was no dispute between the Defendant and the victim in the process of raising an issue, such as the Defendant’s burden of electricity charges; and (iv) at the time of the instant case, the Defendant tried to open the body of the victim and close the body of the victim sufficiently after the Defendant’s entrance, and (iii) the Defendant had pushed another E’s body before and after the end of the dispute.