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(영문) 창원지방법원 2014.06.26 2014고정425
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court, and the said judgment became final and conclusive on March 7, 2014.

A defendant and C around 15:30 on May 8, 2013, at the two luxin Park 123-13, the window of Changwon-si, and at the two luxin Park 123-13, the defendant and C reported 112 to the victim E (the age of 49) who are accused of having been accused of having been accused of D and assault," and the defendant who was accused of having been accused of having been accused of having been accused of the victim's left side three times by hand, and the defendant who was accused of having been accused of having been accused of having been accused of having been accused of the victim's assault with the victim on the preceding day, the defendant and C stated that the victim's face was seven times at the left side of the victim's face, and when he walked one time on the left side of the victim's face.

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. E prosecutorial statement;

1. Each police suspect interrogation protocol against the defendant and C

1. Previous convictions in judgment: Application of Acts and subordinate statutes (Law No. 2013No1023, etc., Supreme Court Decision 2014Do1272, etc.);

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.;

2. Concurrent crimes and exemption from punishment: The latter part of Articles 37 and 39 (1) of the Criminal Act [the preceding offense and the preceding offense in violation of the Punishment of Violences, etc. Act shall be concurrent crimes in the latter part of Article 37 of the Criminal Act, and at the same time, exemption from punishment in consideration of the equity in cases where judgment has been obtained];

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