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(영문) 서울북부지방법원 2018.02.19 2017고정1810
폭행
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of three hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who resides in No. 402 of building E, and Defendant B is a person who resides in No. 302 of the same loan, and the Defendants are not in good relationship with each other due to noise problems between ordinary stories.

1. Defendant A’s injury, on July 3, 2017, on the ground that he was pushed down with the body of the victim B (V, 34 years old) in the elevator of Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, caused injury to the victim, such as flaba, flaba, and flaba, in his hair and flaba face, in his hand, for approximately two weeks of treatment.

2. 피고인 B의 폭행 피고인은 위 1. 항과 같은 일시, 장소에서 피해자 A( 여, 30세) 와 시비하다가 피해자의 몸을 밀치고 머리를 잡아 흔들고 손목을 꺽어 피해자를 폭행하였다.

Summary of Evidence

[Defendant A]

1. Legal statement of the witness B;

1. Statement made by the police against B;

1. A damaged photograph;

1. A written diagnosis of injury;

1. A criminal investigation report (in cases of investigation into the counter party telephone call called at the time of reporting 112), (including supplementary documents);

1. A criminal investigation report (an investigation of the F relative telephone who has been witness at the scene) (Defendant B);

1. A legal statement of a witness;

1. A criminal investigation report (in cases of investigation into the counter party telephone call called at the time of reporting 112), (including supplementary documents);

1. Application of Acts and subordinate statutes to a criminal investigation report (F counterpart telephone investigation who has been witness at the scene);

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

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the Defendants’ act is legitimate. However, in light of the background and process leading up to the instant crime, the method and degree of assault committed by the Defendants in the instant case, and the degree of injury inflicted on Defendant B, etc., the Defendants’ respective acts are passive to escape from unjust invasion.

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