A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 3, 2014, around 20:10 on July 3, 2014, the Defendant attempted to flee with the Defendant’s refusal to present an identification card to the Seoul Jung-gu Seoul Metropolitan Government Health Guidance and its affiliated E, which controlled a non-smoking area while driving on a computer in the PC room.

Accordingly, the Defendant, who gets away from the Defendant by cutting off the Defendant’s arms, committed assault by the Defendant, as a drinking in front of the above building, shacking the E’s face and chest, and tightly booming the Defendant’s body.

Accordingly, the defendant interfered with legitimate execution of duties on the anti-smoking guidance and control of the above E.

Summary of Evidence

1. The defendant's partial statement in court (the 11th trial date);

1. Statement made by witnesses E in the third protocol of the trial;

1. Statement of the police statement of E;

1. A written diagnosis of injury;

1. Video-recording photographs and on-site photographs;

1. Application of Acts and subordinate statutes to the public health clinic of Jung-gu (the fact that E is a public official under the Criminal Act);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. Summary of the assertion

(a) The defendant has not taken the face of E and chest due to drinking;

B. The act of attaching the body of the defendant, who is the subject of crackdown E, constitutes an illegal performance of official duties, and the act of resisting it does not constitute an obstruction of performance of official duties.

2. Determination

A. According to the consistent statement and injury diagnosis written by E in an investigative agency and court, the defendant can be found to have suffered from the face and chest of E, which is a public official in charge of anti-smoking control on drinking, and due to that fact, E has suffered from a slickum, which requires treatment for seven days.

B. According to the above evidence, the Defendant, while smoking tobacco in the smoking room, was asked to produce identification cards from E while smoking at the smoking room, and attempted to flee after refusing to do so, and E prevents the Defendant.