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(영문) 의정부지방법원 2018.10.18 2018고정996
폭행
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The defendant is a relationship with the victim C living below the apartment house.

On January 30, 2018, the Defendant sought D Apartment No. 108 Dong 1101, Dong 1101, in the city of the government in which the victim resides, and made an assault on the victim's clothes one-time with stick with the victim who has a verbal dispute with the victim in the course of making an objection on the ground that noise from the victim's residence occurs.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C (the defendant and his defense counsel are the defendant and his defense counsel who only attempted to get off and block the victim's hand and do not stick with the stick and they contacted the victim's clothes;

This argues to the effect that the victim's attack is to prevent the victim's attack and constitutes a justifiable act.

However, the victim consistently stated in the investigative agency and this court the reason why the defendant found his/her residence and had him/her paid for the trial, the reason why the defendant brought about a dispute, and the defendant stated his/her clothes in detail with his/her stick.

According to the statement of the victim, it is recognized that the defective victim was prevented from entering the victim's house when the noise between the floors of the defendant was at issue, and that the defendant's act was aimed at defending the victim's attack.

It is difficult to see it.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant found the victim's house at night in order to resist the noise between floors, and continuously opened the first race and opened a door to the victim's house at night, and subsequently, he caused the crime of this case by committing the crime of this case.

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