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(영문) 대전지방법원 천안지원 2018.07.06 2018고단73
폭행등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is the Dong representative of the B apartment house in Ansan-si, and the victim C (V, 64 years old) is the chairperson of the Council for Representatives of Apartment Residents.

1. Around October 27, 2017, the Defendant assaulted the victim’s threshold by her hand on the ground that at around 17:10 on October 27, 2017, the time for the representative meeting was not properly announced within the above apartment management office.

2. The Defendant, at the same time and place as described in paragraph 1, should take the excreta to the victim on the job where the employees of the management office, such as D and E, have been in dispute with the victim for the said reasons.

Chewing year h. G., the same year h.h., the victims were openly insulting, saying h.h. the same year h.h.).

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Complaint;

1. Application of the CD 1 statute

1. Relevant Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence, the selection of fines) and Article 311 of the Criminal Act (the point of insult and the selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The defendant did not assault the victim.

B. Although the Defendant had expressed the victim’s desire as stated in the crime No. 2 as stated in the judgment, the Defendant merely expressed the victim’s desire in the absence of harmony, not expressed the victim’s desire to insult, and the head of the management office D, who was at the site, failed to what is the content of his or her bath, and thus, he or she is not deemed to have a public performance.

2. Determination

A. According to the evidence duly adopted and examined by this court, the following circumstances can be acknowledged in determining the assertion on the crime of assault.

(1) A victim shall keep his/her hand from an investigative agency to this court.

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