A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On November 22, 2017, at around 19:34, the Defendant avoided tobacco in a non-smoking area near the station located in Seocho-gu Seoul Metropolitan Government Southern-ro, Seocho-gu, Seoul, the Defendant controlled the victim E (56 years) who is a public official D of the Seocho-gu C Department D (56 years) of the Seocho-gu Office C department of Seocho-gu, Seoul, demanded to present an identification card, and took a bath, and caused the victim's constant lectures to walk back several times due to his/her humiliations, taken the victim's chests for drinking, taken the victim's chests for drinking, and interfered with the legitimate performance of duties by the public official of the Gu office to regulate anti-smoking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written diagnosis of injury;

1. Investigation report (the video verification at the time of regulating the suspect who has submitted the victim), investigation report (on-site investigation);

1. Application of SDR Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Interference with the reason for sentencing selective imprisonment with prison labor needs to be strictly punished due to acts that circumvent the exercise of legitimate public authority and undermine the function of the state’s legal order.

The defendant, despite the obvious testimony of video recording or witness at the scene of the crime, is not only denying his/her criminal act, but also showing the attitude of public authority up to this court.

It is inevitable to sentence such a defendant as punishment.