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

Punishment of the crime

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2015. 12. 31. 16:40 경 부천시 원미구 C 앞길에서 피해자 D(55 세) 이 운행하는 개인 택시에 승차 하여 조수석에 앉아 가 던 중 술에 취하여 아무런 이유 없이 핸들을 잡고 있던 피해자의 양손을 발로 2회 걷어찼다.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

2. On December 31, 2015, around 16:55, the Defendant obstructed the performance of official duties, at the F District of the Seocheon-gu Police Station of Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul., the Defendant: (a) Hacheon-gu; (b) Having the Defendant and filed a report on the damage by entering the said District; (c) G, a police officer of the F District of the Seocheon-gu Police Station of the Seocheon-gu, Seocheon-gu, Seoul; and (d) the Defendant was prevented from walking the face of the said G at least three times on the face of the said G.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or G;

1. A copy of the work site in the F District;

1. Application of the Acts and subordinate statutes to photograph damaged photographs and CCTV screen images;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for each crime;

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 (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do111, Jan. 1, 2011>

1. The community service order under Article 62-2 of the Criminal Act;