A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On December 27, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to the crime of interference with business, etc. at the Seoul Northern District Court, and the suspended execution was revoked, and the execution of the sentence was terminated at Seongdong-gu District Court on February 23, 2015.

【Criminal Facts】

피고인은 2016. 4. 19. 21:20경 서울 중구 B에 있는 지하철 1호선 C역에서 서울메트로 소속 지하철 보안관인 D으로부터 무임승차 행위를 적발당하고 카메라로 채증을 당하자 화가 나 D에게 “카메라 치워라, 부숴버린다”라고 소리치면서 주먹으로 D의 목과 가슴 부위를 각 1회 때리는 등 폭행하였다.

As a result, the Defendant interfered with legitimate execution of duties concerning the maintenance of history of subway work of D, who is railroad workers.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Investigation report (Attachment of the same image), CDs and photographs of the video materials taken by the victim;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report on the confirmation of repeated crimes of a suspect) Acts and subordinate statutes;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act governing criminal facts and Articles 78 (1) and 49 (2) of the Election Safety Act;

1. In light of the fact that the Defendant was punished several times for a similar crime under Article 35 of the Criminal Act among repeated crimes, and that the Defendant committed the instant crime during the repeated crime period, and the background and method of the instant crime, etc., the nature of the crime is not easy and other circumstances that form the conditions of sentencing as indicated in the record, such as the Defendant’s age, character and conduct, career, environment, and motive for the crime, etc., are determined as ordered by taking into account all the various circumstances that