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(영문) 서울서부지방법원 2015.09.24 2014고정2204
방실침입등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the director of Mapo-gu Seoul Metropolitan Government D Public Notice Board, and the victim E is residing in the victim E. 203.

On August 3, 2014, the Defendant: (a) visited the victim, opened the door, and intruded the room without permission, in order to comply with the victim’s damage of the figure 203 from the D Public Notice source 203 residing by the victim around August 3, 2014.

B. At the time and place mentioned in paragraph (a) of the assault, the Defendant assaulted the victim by making the victim cryp, face, and breast part of the victim cryp for the same reason.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the victim's face, hand, arms photograph, and scene photograph;

1. Article 319 (1) and Article 260 (1) of the Criminal Act (the point of violence and the selection of a fine) of the relevant law concerning criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant alleged that the Defendant’s act constituted self-defense inasmuch as he/she only took the victim’s hand to protect himself/herself from the victim’s assault, and thus, the Defendant’s act constitutes self-defense. However, in light of the motive, circumstance, attitude, etc. of the instant assault, it is difficult to recognize that the Defendant’s act constituted self

The reason for sentencing, the age, character and conduct, environment, etc. of the defendant and all of the sentencing conditions shown in the argument of this case were sentenced to a fine on July 28, 2009 by the Seoul Western District Court for the violation of the Road Traffic Act (unlicensed Driving). However, there is no criminal records due to violence. The defendant is an operator of the public notice board in the process of resolving conflicts between the victim and other occupants.

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