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(영문) 인천지방법원 부천지원 2019.08.13 2019고단1569

철도안전법위반

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers by means of violence or intimidation.

On April 20, 2019, from around 18:10 to 18:25, the Defendant, at the second path of the ITX-Cheong-Sa-Sa-2040 train No. 2040 trains, the Defendant, saying, “I would like to know why I would like to see what I would like to see? I??” I would like to say, “I would see why I would like to see? I will ? I will ?? I will see ? I will ? I will ? I will see ? I will ? I will ? I see ? I will ? I will see ? I will ? I will see ? I will ? I will see ? I will ? I will see ? I will ? I will see ? I will ? I will see ? I will ? I will see ? I will see ? I will see ? I will ' will to make assault and see c'.

As a result, the Defendant interfered with the legitimate execution of duties concerning railroad workers' passenger guidance duties for about 15 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (one time, two times);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (definite D currency case);

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The case of obstructing the performance of duties for 15 minutes, such as taking a bath to, assault, etc. against, a passenger transfer agent who was on the train on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act. The method of committing the crime was insulting, causing uneasiness and fear to the passengers aboard the train, making it difficult for them to maintain order in the train, three times the history of punishment for violent crimes, in particular, there are three times the history of punishment for a taxi driver who was on driving, and there is a history of punishment for an assaulting a taxi driver who was on the part of the train, which led to the confession of the crime.