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(영문) 서울중앙지방법원 2017.06.20 2016고정3916
폭행등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant and the victim C are lessor and lessee of the housing located in Dongjak-gu Seoul Metropolitan Government D.

On May 4, 2016, the Defendant entered the residence of the above victim on May 4, 2016, and talked with the victim on the settlement and rent of public charges, etc. with regard to the settlement and rent contract with the victim, and the Defendant was requested to leave from the victim on several occasions, but did not comply with the request to leave from the victim without justifiable grounds.

2. The Defendant, at the time and place specified in paragraph 1, is dissatisfied with each other on the grounds that the victim C (at 52 years of age) and paragraph 1 were stated, and she would sash the victim, and she would die.

After taking the bath theory as “,” the victim committed violence at one time by drinking at the victim’s cream.

3. On May 4, 2016, the Defendant invadedd the victim’s residence by opening the entrance door of the said residence and impairing the victim’s residence by using the gaps the victim locked in the victim’s residence specified in paragraph (1) around 17:04.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made with respect to C, E, and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (a violation of eviction), Article 260(1) of the Criminal Act (a violation), Article 319(1) of the Criminal Act (a violation of one’s residence), and the selection of fines, respectively, for the crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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