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The sentence of sentence against the defendant shall be suspended.
Of the facts charged in the instant case, each of the facts charged are acquitted.
Reasons
Punishment of the crime
The Defendant is the lessor of the first floor of Jongno-gu Seoul Metropolitan Government D Building (hereinafter referred to as the “instant store”) and the victim E is the lessee operating a coffee store with the trade name “F” at the instant store.
On November 14:13, 201, the Defendant committed assault by the Defendant’s cell phone, which was in possession of the victim, on the other hand, on the part of the toilet water, to make the part of the victim’s cell phone which was in possession of the victim less than 2:3 times to 3 times.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Partial statement of witness E;
1. Application of the CD-related Acts and subordinate statutes (hereinafter referred to as the CD-related video recorded on November 4, 201 and November 5, 201)
1. Article 260 (1) of the Criminal Act applicable to the crimes;
1. Articles 70 and 69 (2) of the Criminal Act (in cases of the inducement in the workhouse, 50,000 won a day);
1. Reasons for sentencing under Article 59 (1) of the Criminal Act (limited to a suspended sentence: a fine of 100,000 won);
1. The scope of punishment: A fine not exceeding five million won;
2. The recommended sentencing criteria: The sentencing criteria shall not apply.
3. Determination of sentence: The reason for suspension of sentence (for a suspended sentence: a fine of 100,00 won): The degree of assault confirmed through images taken on closed-circuit TV is very minor, the lessee who pays monthly fixed amount of management expenses commits any contingent act in the course of resisting the flow of tap water without necessity, and thus, there are circumstances to take into account the circumstances, there are no criminal records other than a fine, and the punishment shall be determined by a fine in consideration of the fact that there are no errors other than a fine, and that assault reflects mistake, and the sentence shall be suspended; and
The acquittal portion
1. Summary of the facts charged
A. On November 5, 201, the Defendant, entering the above coffee specialty store around 14:09, agreed to the effect that the Defendant did not lock the victim as part of the toilet tap water, and concluded a dispute out of the coffee specialty store from the victim.