A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 29, 2018, the Defendant was sentenced to imprisonment with labor for the obstruction of performance of official duties by the Seoul Northern District Court on June 29, 2018, and the said judgment became final and conclusive on December 7, 201, and is currently under suspension of execution.

피고인은 2018. 12. 19. 04:30경 서울 동대문구 B에 있는 'C' 주점에서, 피해자 D(여, 21세)에게 합석을 요구하였으나 거부당한 것에 대하여 앙심을 품고 있던 중 마침 피해자가 위 주점 밖에서 친구를 기다리고 있는 장면을 보고, 피해자에게 ‘걸레’, ‘매춘부’, ‘어린 것이 대수라니’라는 등의 모욕적 언행을 한 것에 대하여 피해자와 그 일행이 사과를 요구하자, ‘야, 미안해. 미안합니다.’라는 등으로 비아냥 거리는 듯한 언행을 한 다음 위 주점 앞 도로에서, 갑자기 주먹으로 피해자의 얼굴 부위를 강하게 때려 피해자에게 약 4주간의 치료가 필요한 얼굴의 으깸손상 등을 입혔다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Photographs of damage, report on investigation (limited to the attachment of photographs of the body of the victim), photographs of the body of the victim;

1. A report on investigation (Analysis of CCTV for crime-prevention), one CD reproduced from CCTV images, and a photograph by capturing CCTV images;

1. Investigative report (Perusal of on-site CCTV), one CD which has copied CCTV images, and a photograph by capturing CCTV images;

1. Previous records before ruling: Application of criminal history records, investigation reports (report on confirmation of the suspension of the execution of a suspect), and statutes;

1. In light of the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding the crime, Article 257(1) of the selective sentencing of imprisonment, the suspended sentence period, and the victim’s injury, the circumstances leading to the instant crime, and the relationship with the victim, etc., a sentence of imprisonment against the Defendant is inevitable due to extremely poor nature of the crime.

However, this case does not want the punishment of the defendant under the agreement with the victim.