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Reasons
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(영문) 의정부지방법원 고양지원 2016.12.02 2016고정790
폭행치상
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Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay a fine, only one million won.

Reasons

Punishment of the crime

The Defendants are the residents of Goyang-gu E apartment 102, Goyang-gu, Yangyang-gu, and the residents of Defendant B were 302 and Defendant A were 102.

1. At around 22:50 on December 20, 2015, Defendant B: (a) sought a port due to noise problems in front of the entrance door No. 102, 302, 102, and 302; (b) brought a dispute with the victim A (the 34 years of age), and (c) brought an injury to the victim, such as salt, tension, etc. in need of medical treatment for about 14 days, by keeping the shoulder of the victim by hand, and closing the entrance by force.

2. Defendant A, at the time and place specified in the foregoing paragraph (1), was invaded upon the victim’s residence against the victim’s will by entering the entrance of the victim B and F into the entrance of the residence where the victim B and F together live.

Summary of Evidence

[Defendant B]

1. Defendant's legal statement;

1. A suspect interrogation protocol of the prosecution;

1. The results of reproduction and viewing of video CDs [Defendant A];

1. Defendant's legal statement;

1. Examination of suspect B and F by the prosecution;

1. The application of statutes to the results of reproduction and viewing of video CDs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant B: Articles 262 and 257(1) of the Criminal Act

B. Defendant A: Article 319(1) of the Criminal Act (Selection of Fine)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The dismissed part of Article 334(1) of the Criminal Procedure Act (Defendant A)

1. The summary of the facts charged was the victim victim F (the age of 45) who was the wife B et al. at the time and place indicated in the above paragraph (1), and assaulted the victim by means of 2-3 times his/her face with his/her cell phone, on the ground that the victim F (the age of 45) who was the wife B et al. took the victim’s cell phone.

2. The crime of non-compliance with judgment:

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