logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2017.09.20 2017고단1771
폭행
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is between the victim C and the neighbor.

On April 5, 2017, the Defendant: (a) around 12:00, on the ground that the victim’s dog Dogra 102 was clicked in front of the gugle Dogra 102, when the victim was living, and on the ground that the victim’s dog clicked down, the victim was flicking towards the window of the victim’s residence; and (b) the victim was assaulted by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Photographs [The defendant and his defense counsel did not commit the act identical to the facts constituting a justifiable act without the intention of assault. However, the defendant's act may be assessed as an assault by exercising physical force against a person's body, considering the following circumstances acknowledged in accordance with the aforementioned evidence duly adopted and investigated by the court, i.e., when the victim moves toward the window of the damaged person's residence, taking the defendant's stone with one stone toward the window of the damaged person's residence, and entered the window towards the victim's residence.

No act with a stone with a stone shall be deemed a justifiable act.

Therefore, the above argument shall not be accepted] Application of the law

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not result from a dispute between neighbors, but rather from an unreasonable behavior of the defendant. The punishment is determined by comprehensively taking account of various sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

arrow