Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The defendant is the chairman of the tenant representative of the 'B apartment house'.

On August 10, 2018, the Defendant assaulted the victim who was seated at the meeting of the council of occupants' representatives on the ground that the victim D(56 years of age) raises an objection to the agenda at the meeting of the council of occupants' representatives, which was located in Seo-gu Incheon Metropolitan City, on August 21, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Damage photographs and 112 Declarations (the statement No. 6 No. 5 of the evidence list is the statement prepared by the victim during the investigation process, which shall be admissible in accordance with the lawful procedure and method prescribed by the Criminal Procedure Act (Article 312(5) and (4) of the Criminal Procedure Act). Meanwhile, Article 244-4(1) of the Criminal Procedure Act provides that the public prosecutor or judicial police officer shall record the time when the suspect arrived at the place of investigation, the time when the investigation commences and completes, and other matters necessary to confirm the progress of the investigation process shall be recorded in the suspect examination protocol, or shall be bound into the investigation record after recording in a separate document, and Article 244(3) of the Criminal Procedure Act as applied mutatis mutandis in Article 244-4(2) of the same Act shall apply mutatis mutandis to the protocol or document that provides that the suspect shall write his/her intent into the protocol or document, write his/her signature and affix his/her seal thereon.

However, according to the records, the statement No. 6 of the above evidence list is omitted from the victim who is the statement.

Thus, the above written statement cannot be said to have been prepared according to the legal procedure and method stipulated in the Criminal Procedure Act, so Article 308-2 of the Criminal Procedure Act.