logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.25 2019고정637
폭행
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 19, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor in this court for the crime of interference with business, etc., and the judgment became final and conclusive on April 26, 2019.

On August 21, 2018, at the front of Gwanak-gu in Seoul Special Metropolitan City around 21:25, the Defendant reported to 112 during the course of driving down a fright in the front of Gwanak-gu in Seoul Special Metropolitan City, which was trying to flee, and the victim D who was going about to flee. However, the Defendant assaulted the victim by plucking up the victim's left hand, and walking down the victim's buckbucks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Reports on internal investigation (the extractment of the list of cases reported 112);

1. Previous records of judgment: Application of the summary records of cases bound in the records of public trial, written aid of agreement and statutes of each judgment;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. The latter part of Article 37 and the former part of 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 degree of violence is not serious; C’s act at the time of the instant crime is called “sexual indecent act” and the Defendant requested the victim to assist; however, the Defendant did not force the Defendant to commit the instant crime by force; thus, there are circumstances that may be considered in light of the motive of the instant crime, and the crime of interference with business, etc., such as the crime of this case and the crime of interference with business, which became final and conclusive for eight months, no more severe punishment would have been imposed.)

arrow