A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

On August 24, 2018, the Defendant was sentenced by the Seoul Northern District Court to imprisonment with prison labor for eight months for the crime of obstruction of performance of official duties, and was sentenced to a two-year suspended sentence, which became final and conclusive on September 1, 2018, and is currently under suspended sentence.

1. On April 28, 2019, the Defendant causing property damage: (a) around 11:40, at the crosswalk in front of the “C” restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul; and (b) on the ground that the victim D, who was running a small-scale car, discovered the Defendant, and was able to cross the vehicle without permission, the victim’s right side of the vehicle was found to be defective once.

Accordingly, the defendant damaged the victim's vehicle to cover approximately KRW 2.80,000.

2. At around 22:00 on April 18, 2019, the Defendant, in front of “F” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, had the victim take a more drinking together with “F (n, 42 years of age)”, and had the victim take a more drinking together with “F” (n, f, 42 years of age), but the victim refused it. On the ground that the victim refuses it, the Defendant took two times of plastic rain (n, about 60cm in total length), which is a dangerous object, and turned the chest of the victim more than twice, and took three times of the victim’s head due to the said rain.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police statement concerning G;

1. Investigation report (to hear victim's telephone statements);

1. Reports on internal investigation (with respect to the childbirth used for violence against victims G);

1. A report on internal investigation (referring to a reporter and a witness's internal investigation);

1. Photographs of damaged parts of the vehicle;

1. Previous records of judgment: Investigation report (the fact that a suspect is under probation period, and violence and confirmation), criminal records, and application of Acts and subordinate statutes;

1. Relevant Article 36 of the Criminal Act, Articles 366 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (the point of special violence), and Article 260 (1) of the Criminal Act concerning the crime committed during the period of suspension of execution of official duties for the reason of sentencing choice of imprisonment, as crimes committed during the period of suspension of execution of official duties,