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

On July 21, 2019, around 15:40 on July 21, 2019, the Defendant committed assault by means of assaulting the victim’s clothes, etc. on his head, obstructing the performance of duties, and at the same time inflicted injury on the victim’s chests that require approximately two weeks of treatment, such as scarfs, scarfs, etc., on the ground that C (the victim’s age 47) was a train crew member, who is a railroad employee, to collect a charge from the Defendant for the said train crew.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A report on investigation (a report confirming the statements of the shots);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense, Articles 78 (1) and 49 (2) of the Railroad Safety Act (a point of interfering with the performance of duties by a railroad worker);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant rescues the victim who is a railroad worker without any specific reason, and the degree of exercise of tangible power is not less than that of the defendant, and that the defendant has the same criminal records and several criminal records.

However, the execution of imprisonment is suspended considering the fact that the defendant is recognized to commit a crime, the aged 78 years old, the degree of injury suffered by the victim is relatively not much severe, the victim does not want the punishment by mutual consent with the victim, and the defendant does not have other violent crimes except once the suspension of the execution of imprisonment with prison labor for the last 20 years.