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(영문) 수원지방법원 안산지원 2018.04.13 2017고정1075
과실치상
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

The defendant is a tenant who was living in Gwangju-si C or 201, and the victim D is a person who has managed the tenant of the above house.

On March 6, 2017, the Defendant, in light of 09:30 on March 6, 2017, in the corridor of the building in front of the residence of the Defendant C, 201, and the issue that the Defendant did not pay the rent from time to time, had the front door between the front door and the front door, and had the victim take a bath about the victim while walking the front door three times with the knowledge that the victim would have a close to the front door, so that the front door may be faced with the body of the victim.

Accordingly, the defendant assaulted the victim.

[In a situation where the body of the victim is in close vicinity, the defendant's act of supporting the victim from walking several times by exposing the entrance, which is open to the victim, at the same time under the circumstance where the victim's body is expressed, constitutes an assault as an exercise of unlawful tangible power against the victim (see Supreme Court Decisions 89Do1406, Feb. 13, 1990; 2008Do4126, Jul. 24, 2008, etc.).

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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