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(영문) 서울서부지방법원 2017.09.15 2017고정412

폭행

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 23, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for an injury, etc. at the Seoul Western District Court, and the said judgment became final and conclusive on March 27, 2017.

On October 17, 2016, around 07:35, the Defendant pointed out that the Seoul Southern Detention House C located in Geumcheon-gu Seoul, Guro-gu, Seoul, is 865, and the victim D (the remaining and the age of 65) was given a large amount of taxation while cleaning the toilet, and assaulted the victim by blocking two times the victim's desire from the victim's hand to hear his desire.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police for E;

1. Previous convictions in judgment: The application of the defendant's legal statement, inquiry letter, criminal history, and the text of the judgment;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

2. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

3. The latter part of Article 39 (1) of the Criminal Act exempted from punishment [The equity between the crime of injury, etc. for which judgment has become final and conclusive, and the crime of assault in this case shall be considered at the same time, and some of the circumstances of the crime in this case may be considered, and the degree of assault is not serious, etc.];