폭력행위등처벌에관한법률위반(공동폭행)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
1. Around March 17, 2017, the Defendant violated the Punishment of Violences, etc. Act (joint assault) with a person who was infinite name, when drinking alcohol from the fourth floor stairs of the building located in Yongsan-gu Seoul, Yongsan-gu, Seoul, around March 9, 2017, on the ground that the victim C (52 years old) who returned home changed the way to turn on the way, the Defendant taken the victim’s bridge by putting him away from the stairs of the victim’s breath, and taken the victim’s bridge by putting him away from the stairs, and took the victim’s face by taking part in his name and taking part in the victim’s face at 10 times.
Accordingly, the defendant assaulted the victim jointly with his nameless person.
2. The Defendant: (a) discovered that the Defendant was assaulted on the date, time, and place set forth in paragraph 1; (b) found that the Defendant did not have any awareness of the assault as described in paragraph 1; and (c) committed assault on the part of the victim D(44 years old) who was a single criminal suspect C, and was involved in the assault on the part of the victim on the ground that he was involved.
Summary of Evidence
1. Statement by the defendant in court;
1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;
1. Each police statement made with respect to C and D;
1. Application of C Assault-related Acts and subordinate statutes;
1. Article 2 (2) 1 of the Punishment of Violences, etc. Act related to the crime, Article 260 (1) of the Criminal Act (a point of joint assault) and Article 260 (1) of the Criminal Act (a point of assault) of the same Act;
1. Selection of each sentence of imprisonment;
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 62 (1) of the Criminal Act on the suspension of execution (Considering the circumstances, such as the fact that his mistake is against himself, that the assault of this case does not reach the injury, and that there has been no record of punishment after 2013);
1. The community service order under Article 62-2 of the Criminal Act;