beta
(영문) 부산지방법원 동부지원 2019.05.22 2018고단2434

폭행

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 11, 2018, the Defendant was sentenced to seven years of imprisonment with prison labor for robbery, injury, etc. in Busan District Court's Dong Branch, and the judgment was finalized on April 5, 2019.

On August 8, 2018, the Defendant was detained as robbery in 129 as Busan Shipping Daegu, and in the fourth room of the detention room of the Korea Shipping Police Station, and the complainant was detained in the fourth room of the same detention room on August 10, 2018.

around 23:05 on August 10, 2018, the Defendant committed assault to catch the head of the complainant on the ground that the complainant did not drink the Defendant’s fruit and drink without his speech at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning B (Supplementary to Complaints);

1. Previous convictions indicated in judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes reporting criminal results;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes (the crimes of violence and robbery, injury, etc

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (Equitable to cases where judgment is rendered simultaneously with robbery, injury, etc. as decided by the judgment);