A defendant shall be punished by imprisonment for not less than eight months.

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.

Punishment of the crime

피고인은 2016. 1. 26. 20:48 경 서울 노원구 C에 있는 1호 선 D 역 중앙 계단에서 술에 만취하여 자고 있다가 사회 복무요원인 E이 자신을 부축하며 잠을 깨우는 것에 화가 나, 그 얼굴에 침을 2회 뱉고 머리로 들이받은 후 “ 내가 누 군지 알아 씨 발 놈들 아. 내가 장교 출신이야 ”라고 고함을 지르며, 왼손으로 E의 목을 힘껏 조른 다음 왼발로 E의 오른쪽 정강이 부위를 3회 걷어찼다.

Accordingly, the defendant interfered with legitimate performance of duties concerning passenger safety and passenger guidance of social service personnel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. A report on investigation (to secure CCTVs for committing a crime), a report on investigation (to photograph photographs of the place of crime), and a report on investigation (a report on service of social service personnel);

1. Application of the CCTV-recording photographs and CCTV-recording video CD-related Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (from June to one year and four months) (the person subject to special sentencing] of Type 1 (Interference with the performance of official duties and coercion of duties) [Determination of sentence] The crime of this case is an act of assaulting social service personnel in the course of performing official duties and obstructing legitimate performance of duties, and requires light of the fact that it is necessary for the defendant to engage in light of the light of public authority, and the degree of assault was relatively heavy, it is necessary to punish the defendant with strict punishment.

However, it is all the conditions of sentencing, such as the Defendant’s confession and reflect on the instant crime, the fact that the Defendant has no record of punishment for the same kind of crime, the fact that E does not want the punishment of the Defendant in agreement with the social service personnel E, and the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.