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

The Defendant, around June 1, 2020, at the C community service center located in Yangcheon-gu Seoul Metropolitan Government on June 1, 2020, had a conversation with the victim D who is a public official in charge of the welfare of disabled persons belonging to the above community service center, and obstructed the victim from receiving his disability rating.

I think, I tried to see the head of the victim in both hands and let the victim go beyond the floor.

As a result, the Defendant interfered with the legitimate execution of duties by public officials on civil petitioner counseling, and at the same time, the Defendant inflicted injury on the victim, such as the unknown damage of head and tension in need of treatment for about two weeks.

Summary of Evidence

As CCTV images are recorded in a police statement report on D, the defendant asserts that his act is a legitimate defense.

However, the above argument cannot be accepted since the act such as the facts stated in the crime cannot be deemed to be aimed at defending the present unfair infringement against the defendant.

Application of Statutes

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, Article 40 and Article 50 of the Criminal Act, Article 62 of the suspended sentence of selective imprisonment with labor, is applicable;

1. Although the sentencing criteria are not applicable because the crime of interference with the performance of official duties and the crime of injury are in an ordinary concurrent relationship, the sentencing criteria are to refer only to the lower limit of the recommended punishment for each crime on the sentencing criteria.

(a) Crimes No. 1: Interference with the execution of official duties in [type No. 1] interference with the performance of official duties, and interference with the performance of official duties, [the scope of the recommended and recommended punishment] basic area, six months to one year and six months;

(b) Second offense: Crimes of bodily injury [type 1] General bodily injury [the scope of the recommended territory and the punishment], the basic area of punishment, April through June of imprisonment, 1 year and six months; and

2. As to the obstruction of the performance of official duties, such as the instant crime, by a ruling of sentence, the exercise of justifiable public authority.