Defendant

Kim Young-Nam

Attorney Park Ho-jin

A defendant shall be punished by imprisonment for one year.

The fourth day of the detention days before this judgment is sentenced shall be included in the above sentence.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

On September 24, 2003, the defendant was sentenced on September 24, 200 to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (at night, joint violence) at the Suwon District Court on September 24, 200, and the probation was suspended for three years and six months, and the judgment of probation was revoked due to the non-performance of probation, and is currently serving the sentence.

1. On August 26, 2004, around 04:30, at the main point of the operation (trade name omitted) of Nonindicted Party 1, located in Ansan-dong 1047-4, 1047, while drinking alcohol together with the victim Nonindicted Party 2 (the victim Nonindicted Party 2), the victim’s head was taken one time by taking the victim’s head as a dangerous object at the place without any justifiable reason while he lacks the ability to discern things or make decisions under the influence of alcohol, and the victim’s head was put about about 5 centimeters in the number of days to be treated.

2. On November 16, 2004, around 11:55, at the 8th floor of Syang-gu 6:435-1, Annyang-gu 435-1, Anyang-gu, Annyang-gu, Annyang-si, the criminal charge of the Ansan Police Station and the police officer Nonindicted 3 (age 30), etc., who were the victim of the strong3 team, discovered Nonindicted 4 in consultation on the injury of rape, and attempted to arrest him, and obstructed the police officer’s legitimate performance of official duties by assaulting Nonindicted 3, who was pushed ahead of the front of Nonindicted 3 police station for the purpose of avoiding Nonindicted 4’s arrest.

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each prosecutor’s statement concerning Nonindicted 1, 2, 3, and 4

1. Each police statement made against Nonindicted 2 and 3

1. Police seizure records;

1. Written opinions, photographs, and each investigation report;

1. Previous convictions: Criminal records and investigation reports;

1. Article applicable to criminal facts;

Articles 3(1), 2(1) and 3 of the Punishment of Violences, etc. Act, Article 257(1) and 136(1) of the Criminal Act (Appointment of Imprisonment)

1. Mitigation of mental illness: as to the injury by carrying a deadly weapon

Articles 10(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to the agreement with the victim)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62 (1) of the Criminal Act (Incompetence of the Criminal Act, and Consideration of the fact that currently is in convict life)

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-won