A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 16, 2014, at around 21:25, the Defendant: (a) prevented the victim from confirming the registration certificate by blocking the victim on the ground that the victim D (the age of 55) who is a service partner of the subway 2 subway station C Station, located in Dongjak-gu Seoul Metropolitan Government, was bad in order to verify the foreigner’s registration certificate in terms of the defendant’s personal name in the name of his/her driver; and (b) continuously stated that the victim’s license certificate is bad; and (c) continuously read the victim’s flat, “Clat flat flat flat flat flat.” and removed the victim’s ear.

Accordingly, the Defendant assaulted the victims D who are railroad workers providing services to passengers and obstructed the performance of duties related to railroad access management.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site reports;

1. Application of statutes on photographs of damage;

1. Articles 78 (1) and 49 (2) of the relevant Act on Criminal Facts;

1. Selection of a sentence of imprisonment with prison labor (the majority of the criminal records of the same kind);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the victim does not want the punishment of the defendant by mutual consent with the victim);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;