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(영문) 서울중앙지방법원 2016.01.18 2015고정2996
폭행
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is KRW 100,00.

Reasons

Punishment of the crime

Defendant

A is the owner of the 'E' in the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government, and the defendant B is the occupant of the above 'E', and the defendant B is not good in terms of the disturbance and heating problem in the Bupyeong-gu Public Notice Board.

1. The Defendant, at around February 6, 2015, committed assault against Defendant A, even though he requested the victim B to leave the dispute with the victim as above, he refused the request, and the victim rejected it, and the Defendant committed assault, such as assaulting the shoulder and chest of the victim.

2. In around 12:00 on February 6, 2015, the Defendant suffered from the injury of Defendant B, for the same reason as that of the victim A in front of the third floor of the instant D building, and the victim took part in a horse dispute with the victim on the same ground as that of the preceding paragraph, the Defendant suffered from the injury of the victim, i.e., a defect that the victim attempted to take part in the dispute and to take part in the dispute, and a defect that the victim tried to take part in his/her arms and legs to take part in his/her bridge, resulting in an injury to the victim, i.e., the right sprink for two weeks medical treatment.

The defendant, at least, seems to have been aware of the fact that if the victim's front of the victim who wants to enter the building into the rest room prevents him from punishing his arms and legs, the victim may go beyond the defendant's bridge.

Summary of Evidence

【Defendant A’s assault】

1. Defendant A’s legal statement

1. Some of the statements made by the police in relation to B [the point of harm inflicted on Defendant B];

1. Each legal statement of witness A and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (A);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 260(1) of the Criminal Act; Selection of fines

B. Defendant B: Article 257(1) of the Criminal Act; Selection of fines

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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