beta
(영문) 광주지방법원 2017.04.20 2017고단823

폭력행위등처벌에관한법률위반(공동폭행)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 16, 2016, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and four months and a short of ten months at the Gwangju District Court on August 13, 2016 and completed the execution of the sentence.

1. On October 22, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint assault) on the ground that he/she walked to the victim E (24 years old) in front of the victim’s child-friendly room in Seo-gu, Gwangju around 07:50 on October 22, 2016, on the ground that he/she had the victim’s face at least three times in drinking, he/she takes the victim’s face inside the nearby parking lot, leads the victim’s face to the victim’s face two times in drinking at the nearby parking lot, and the Defendant’s one-way driver’s walked up two times in combination with the above, the victim’s buckbucks and walked the beer’s face at the parking lot, and the Defendant knee and walked up the victim’s face at two times in drinking.

Accordingly, the defendant assaulted the victim jointly with F.

2. On October 22, 2016, around 08:20, the Defendant: (a) was arrested by the police officer G, etc., who was a police officer belonging to the police station of the Gwangju Western Police Station, called “D main station” as stated in paragraph (1) around 08:20, and was arrested as a current offender on the charge of the foregoing suspicion; and (b) was accompanied by the Defendant’s repair cost equivalent to KRW 202,972, including repair cost, such as the exchange of D main offices, by walking the front door of the patrol vehicle at several times.

Accordingly, the Defendant damaged the patrol car, which is a thing used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Data from the patrol or destruction of the police investigation protocol in relation to E and F, and estimates of repair costs, of each part of the police suspect examination protocol;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes for investigation reports (the confirmation report on the expiration of the term of punishment);

1. Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260 Subparag. 1 of the Criminal Act (the point of joint assault and imprisonment with prison labor) of the same Act concerning criminal facts;