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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who resides in an apartment floor above the victim B (mama, 38).

On January 1, 2019, the Defendant: (a) around 18:55 on January 1, 2019, the Defendant committed assault on the part of the victim’s left part of his head, leading up to the front door of the Dong-gu Busan Metropolitan City C Apartment D, which was found by the victim to resist the noise problem between floors.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Application of Acts and subordinate statutes on report of occurrence of violence;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

2. Articles 70 (1) and 69 (2) of the Criminal Act for confinement in a workhouse (when a sentence of suspension of execution of punishment is invalidated or revoked, the time a fine is not paid).

3. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below) seems to be minor.

The victim complained of the issue of noise between floors on the upper floor around 7:00 p.m.

In general, more than 7:00 p.m., it appears that the defendant shows a hot time with his family, and the defendant listens to the inter-floor noise port due to grandchildren, etc. in the situation where his/her father and son are married and grandchildren at the time, and it is difficult to control the appraisal by himself/herself

Therefore, there may be room to view that violence was caused by reasons attributable to the victim.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.