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

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

Criminal facts

1. The Defendant violated the Railroad Safety Act is in no position, and B (the remaining and the age of 32) is a service worker in the subway C station of the subway No. 2.

On August 30, 2020, at around 20:45, the Defendant left the subway station under the subway station without paying the subway fares normally in the C station located in Gwangjin-gu Seoul Special Metropolitan City. From the confirmed B, the Defendant refused the request from the B to accompany the Defendant to the service room for the confirmation of illegal boarding and the payment of charges, and had the Defendant escaped, while the Defendant was able to escape, the Defendant was knicked with B knife and knife the bridge knife and kne kne kne knife knife knife knife.

As a result, the Defendant interfered with legitimate execution of duties concerning the crackdown on illegal boarding of railroad workers.

2. The Defendant damaged the property in such a manner that the Defendant 2 would not work normally by walking a portable settlement device managed by the victim B at the same time and at the same place as above 1, the Defendant damaged 275,000 won for repairing costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Photographs of the criminal scene;

1. Portable static photographs destroyed;

1. Application of the written estimate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 79 (1), 49 (2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers, the choice of imprisonment), and Article 366 of the Criminal Act (the point of destroying property, the choice of imprisonment with labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. 보호 관찰 및 사회봉사명령 형법 제 62조의 2 양형의 이유 ◎ 불리한 정상 ; 정당한 직무를 집행하는 B을 바닥에 넘어뜨려 무릎으로 가슴 부위를 누르는 등 그 폭행의 정도가 가볍지 않은 점, 자신의 잘못을 인정하고 문제를 해결할 수 있었을 것인데도 B에 대한 폭행행위를 한참 동안 지속하였고, 그...