(영문) 수원지방법원 2017.05.18 2016고단8374



A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged in the instant case, the prosecution against assault on March 25, 2017 is dismissed.


Punishment of the crime

[Criminal Records] On August 27, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution on September 4, 2015 at the Suwon Friwon, and the above judgment became final and conclusive on September 27, 2015.

[Criminal facts]

1. On November 5, 2016, the Defendant assaulted the victim when taking the victim’s face by drinking bat around the victim’s fat with his left hand in the victim D’s car parked, which had been subject to the victim’s resistance from the injured party, in front of the C’s car located in the Scata City B around 20:30 on November 5, 2016.

2. On November 5, 2016, the Defendant obstructed the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning criminal investigations by committing assault, such as continuing to perform his/her duty while investigating the contents of the instant case by G during the process of having received a report on the said visit from the F police box located in E at the time of harmony, and going to the right drinking by G on the right drinking.

3. From November 5, 2016 to Article 21:35 of the same day, the Defendant made a public insult of the victim by openly speaking the victim H by stating to the victim “The victim was a shot hole, shot hole, shot hole, and hh h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, D, and G;

1. The president of the H’s complaint;

1. A report on internal investigation:

1. Video CDs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting of a previous conviction before and after the disposition, and applying a copy of the judgment;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult) and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) The scope of the recommended punishment for the crimes whose sentencing criteria are set shall interfere with the execution of official duties for the first crime (the scope of the recommended punishment).