beta
(영문) 서울중앙지방법원 2013.11.27 2013고정330

폭력행위등처벌에관한법률위반(공동폭행)

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for assault or bodily injury, etc. in the Suwon District Court’s Eunpyeong Housing Site, and the judgment became final and conclusive on January 4, 2013.

Defendant

And B are people living together in the Seoul Station.

Defendant

B, around 15:10 on August 21, 2012, on the ground that he was not able to take care of the victim C(37 years of age) at the 122 Seoul Jung-gu square, Jung-gu, Seoul, on the ground that he did not take care of the victim C(37 years of age) at the 122 Seoul river square, B called "the back of the victim who was seated with the victim's back," and turned over the victim's face, head, etc. as he was drinking, and the defendant was assaulted as mentioned above, and the escape was collected near the victim's face.

Accordingly, the defendant assaulted the victim jointly with B.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the law to the statement statement made by each police officer against C and D;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the Selection of Punishment of Violences, etc.;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Exemption of Punishment Act (the crime of this case was committed before and after the judgment, and it was possible to be tried concurrently with the previous conviction, taking into account various circumstances, such as the facts constituting the crime of this case and the sentence, the date of the crime of this case, and the degree of the crime);