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(영문) 서울서부지방법원 2016.07.22 2016고정429
폭행
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 26, 2015, at around 15:07, the Defendant assaulted the victim by using balp flapsing the victim by hand on the ground that the victim D had forced execution against the Defendant by a judgment of a real estate master lawsuit against the Defendant.

Summary of Evidence

1. Legal statement of the witness D;

1. A report on investigation (investigation of witnesses on the spot);

1. Damage photographs (the victim's deposit KRW 10 million according to the simultaneous performance judgment and the claim for extradition execution is legitimate exercise of rights.

At the time of surrender execution, only the defendant's her father and wife was in the place of her husband's house

Even if the defendant assaulted the victim as stated in its holding, it cannot be viewed as a legitimate act that does not violate social norms.

Application of Statutes

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the crime, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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