The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person who resides in the upper floor of the victim B ( South and 74 years of age) who has been living in the family of the victim B for six months as a noise problem between the victim and the floor.

On March 1, 2020, around 20:30 on March 1, 2020, the Defendant drinked in Gangdong-gu Seoul Metropolitan Government “C Apartment.” The Defendant left the door door, which was flicked from the rooftop, and the victim appeared to have a view of getting off the door on the rooftop.

In addition, the victim said that the victim “I am lickly lickly,” and the victim said “I am lickly,”

1. The Plaintiff responded to “......”

Accordingly, the defendant explosiond the appraisal he he accumulated with the victim due to noise between ordinary stories, and assaulted the victim by means of breaking the victim's hand.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement [Article 20 of the Criminal Code does not punish acts that do not violate social norms.]

The phrase “social norms” is stipulated as the basis for determining the most fundamental illegality. According to the provision of the law, even if the act appears to fall under the element of crime under the language and text of the law, if it is extremely normal living form, and it is considered within the scope of historically created social order, the illegality cannot be punished accordingly (see, e.g., Supreme Court Decision 82Do357, Feb. 8, 1983). In order to recognize such legitimate act, the following requirements are met: (i) legitimacy of motive or purpose of the act; (ii) reasonableness of means or method; (iii) balance between the benefit of protection and infringement; (iv) balance between the benefit of infringement; and (v) supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2003Do3000, Sept. 26, 2003).