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

피고인은 2016. 7. 12. 21:25 경 서울 동대문구 왕산로 1 신설동 역 역무실 내에서, 같은 날 21:00 경 서울 메트로 지하철 보안 관인 C에게 지하철 역사 내에서 흡연을 하였다는 이유로 단속이 되어 출동한 경찰관으로부터 범칙금 납부 고지서를 발부 받은 것에 불만을 품고, C에게 " 죽여 버린다 씨 발 놈들. 얼굴을 부숴 버리는 수가 있다.

In addition, he saw that he was "Woo ...", he saw the body of the victim by the two descendants, pushed off the body of the victim by drinking off C, knife C's hand, and assaulted C such as the canter, etc. by the bad force.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant Article 78 (1) and Article 49 (1) of the Railroad Safety Act concerning facts constituting an offense, and Articles 78 (1) and 49 (1) of the same Act concerning the selection of punishment for imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, orders to attend lectures, community service and orders to provide community services;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The punishment shall be determined like the order, taking into consideration the following factors: (a) the history of punishment for violent crimes against which the sentence was imposed reaches 20 times; (b) the fact that it is not good that the police controlled by smoking in the subway stations, and that the degree of interference with execution of duties is not less than that of the defendant, and that the defendant did not appear on the date of the sentence without justifiable grounds, and that the sentence is imposed, such as the defendant’s age, sex behavior, environment, etc.