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(영문) 대구지방법원 안동지원 2021.02.23 2020고정96

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

The defendant is a person who resides in the B apartment house C in Ansan-si, and the mother of D was living in the above apartment E, and the defendant and D were in dispute over noise problems between ordinary stories.

1. The Defendant committed a crime on November 28, 2019, around 23:59 around November 28, 2019, committed an assault on the part of the victim’s left hand over one time due to drinking, while the Defendant took a dispute arising from noise between the victim D (at least 39 years of age) and the floor prior to the entrance of the above C heading on November 28, 2019.

2. The Defendant committed a crime on January 2, 2020: (a) around 08:00 on January 2, 2020, 202: (b) 08:00, the victim’s head debt d, which was found as a noise problem between floors in the above C, was dried up; (c) the victim’s head debt d, which was found as a noise problem; and (d) assaulted the victim by drinking three times with the victim’

Summary of Evidence

1. A protocol concerning the examination of the police officers concerning D's legal statement (the second trial date);

1. Application of D's written statements concerning D's statements to the police station Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment for a crime (elective of a punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;