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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 17, 2017, the Defendant was aboard a taxi that was driven by a person in a non-nameless manner at a non-regular place, and was getting off the taxi before the Guri-si C police station located in Seoul taxi on the ground that he was Seoul si.

At around 00:20 on the same day, the Defendant demanded the victim D (22 tax) who was a police officer belonging to the above police station where the Defendant was working at the guard station, to get a taxi. However, the Defendant knew that the said D was residing in an apartment in the vicinity, and knew that the Defendant was living in the apartment in the vicinity, the Defendant’s crosswalk is required to cut off the crosswalk.

’라고 안내를 하자, 아무런 이유 없이 주먹으로 위 D의 얼굴을 3회 가량 때리고, 발로 정강이 부위를 2회 걷어차고, 위 경찰서 소속 의경인 피해자 E(21 세) 가 이를 목격하고 피고인을 뒤에서 붙잡아 제지하자, 뒷발질로 위 E의 정강이 부위를 수회 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the guard expenses of the police station of the victims and the prevention and suppression of crimes, and at the same time, the victims suffered injury, such as salted dynasiums requiring treatment for about two weeks, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each E statement;

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of violence against victims;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Where an act of assault or intimidation is committed against multiple public officials who perform the same duties as commercial concurrence, the act of assault or intimidation is established according to the number of public officials who perform the official duties, and where the act of assault or intimidation was committed in the same place at the same time, and is assessed as one act in light of social norms, the act of assault or intimidation committed in the same manner is in a relationship of conceptual concurrence;

The Criminal Code is the Supreme Court Decision 2009Do3505 Decided June 25, 2009 (see, e.g., Supreme Court Decision 2009Do3505).