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(영문) 의정부지방법원 2016.10.21 2016고단2318

철도안전법위반

Text

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.

Reasons

Punishment of the crime

The defendant is a person who has lost the ability to discern things or make decisions due to a man's illness.

1. No person who violates the Railroad Safety Act due to damage to railroad facilities shall cause danger to the operation of rolling stock by destroying railroad facilities without justifiable grounds;

On November 14, 2015, the Defendant: (a) around 11:30, the subway line 9, located in Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government, caused danger to the operation of the subway, thereby damaging from the subway platform in the direction of the Kimpo Airport in the history of “D Station”, the screen air installed in that location, to a metal machine with a volume of about 2 meters in length.

2. No person who violates the Railroad Safety Act due to the obstruction of performance of duties by railroad workers shall interfere with the performance of duties by railroad workers by means of violence or intimidation;

The Defendant, at the time and place specified in paragraph (1), dispatched to the site E, who is a cause of the D station service, prevented the Defendant, and attempted to take away the service room and take the face of the said metal E twice.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of railroad safety and maintenance of order in the above E E E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of written estimates, on-site photographs, and photographs of criminal tools;

1. Article 78 (2) 6, Article 48 subparagraph 1 (the violation of the Railroad Safety Act at the time of sale), Article 78 (1), and Article 49 (2) of the Railroad Safety Act (the violation of the Railroad Safety Act at the time of sale), the punishment of imprisonment for each crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that probation and community service order for sentencing under Article 62-2 of the Criminal Act resulted in considerable danger to the safety of railroad facilities and operation of rolling stock due to each of the crimes in this case, the Defendant.