A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. 폭행 피고인은 2016. 5. 15. 20:05 경 대전 대덕구 B에 있는 ‘C’ 식당에서 삼선 짬뽕과 소주를 주문한 후 소주가 먼저 나왔다는 이유로 위 식당의 운영자인 피해자 D에게 시비를 걸며 손바닥으로 피해자의 양쪽 뺨을 각 2회 씩 때리고, 이에 피해자가 손을 잡으며 제지하자 피해자를 밀쳐 넘어뜨린 후 발로 일어나는 피해자의 목 부분을 걷어차고, 돌아서는 피해자의 왼쪽 뺨을 2회 때려 피해자를 폭행하였다.

2. The Defendant interfered with the performance of official duties and the injury of the Defendant voluntarily accompanied the FF district located in Daejeon-gu E with the same act as the preceding paragraph at around 20:35 on the same day, and failed to comply with the request of the police officer for presentation of identification cards, and when the victim G, a security guard belonging to the said district group, i.e., the victim G, who was behind the said district group, took one time as drinking, without any reason. On the other hand, the Defendant continued to walk with the victim, etc. on one occasion, thereby interfering with the police officer’s 112 reporting duties and the legitimate performance of duties concerning the district group duties, and at the same time, inflicted injury on the victim, such as the upper part, where the victim needs to receive approximately two weeks medical treatment.

Summary of Evidence

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

1. Written statements of D;

1. Each police statement made in relation to G or D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 257(1) of the Criminal Act (the point of injuring) and Article 260(1) of the Criminal Act (the point of assault);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of interfering with the performance of official duties and the crimes of bodily injury, and the punishment imposed on the crimes of serious injury);

1. Selection of imprisonment with prison labor chosen;

1. A public official who lawfully performs official duties due to the reasons for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Code of the Aggravated Punishment of Concurrent Crimes shall be served with the need for strict punishment for crimes causing bodily injury at the same time as his/her official duties are interfered with, and the written indictment shall not be served.