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Defendant shall be punished by a fine not exceeding three hundred thousand won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
On July 27, 2015, around 02:40 on July 27, 2015, the Defendant: (a) around the victim’s house located in Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government C3, the relationship between D and D (n, 60 years of age) with D and D’s former wife, becomes worse due to the allocation of monthly rent income; (b) the victim, who was located in the front door, laid the waste inside the victim’s house, laid down the waste in order for the victim to gather the waste into the entrance of the stairs leading the Defendant’s house to the Defendant’s house, did not look at whether there is a danger that the other person’s body might cut off; and (c) the victim’s door closed by negligence caused the victim’s hand, which requires approximately two weeks of treatment between the door and the victim’s hand, thereby incurring about 2 weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the interrogation of suspects of E;
1. Application of three Acts and subordinate statutes to diagnostic papers, CCTV photographs, investigation reports (ctv, sctv and cdruptures), ctv caps and photographs;
1. Article 266 (1) of the Criminal Act applicable to the relevant criminal facts and Article 266 (1) of the Selection of Punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act
1. The defendant and his defense counsel asserts that the defendant's act constitutes a justifiable act to prevent the victim who attempts to throw away wastes into the defendant's house.
2. The term "act which does not contravene social norms" as stipulated in Article 20 of the Criminal Act refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and what act is justified as not violating social norms, and thus, it should be judged individually by considering the purpose and rational nature under specific circumstances. Thus, in order to recognize such legitimate act, the first act is to be recognized.