폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
A defendant shall be punished by imprisonment for not less than eight months.
A stone with seized stone (Nos. 1 through 3) shall be forfeited from the defendant.
Punishment of the crime
1. The Defendant violated the Railroad Safety Act, as a person with a disability with a mental retardation disability in third degree, was thought to have been operating urban railroads in a brupt manner and dissatisfied therewith.
On April 22, 2013, around 17:55, the Defendant, from the Busan metropolitan railroad platform located in the Seocho-gu Busan Metropolitan City, 1,243, left the train located in the 1,243 Jeon Dong-dong, and left the train located in the 1,243 Jeon Dong-dong for the foregoing reasons.
The defendant continues to operate as a Nowon-gu at around 17:56 on the same day and at the same place as a new street.
On the first platform, 2242, which was stopped, was parked in the same way as the former, in the same way.
Accordingly, the defendant laid a stone on rolling stock and caused danger to the operation of rolling stock.
2. The Defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc., damage, etc.) and the Punishment of Violences, etc. Act (collectively weapons, etc.) committed an assault against the victim C (33 years old) who is the previous driver’s company on the same day and at the same place as mentioned in the above paragraph (1), thereby damaging the left glass window of the previous driver’s seat of the previous driver’s vehicle, thereby damaging the repair cost to ensure that the amount equivalent to 110,000 won is exceeded, and the said glass window was protruding to the victim C (33 years old) who is the previous driver’s company of the previous driver’s vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Application of Acts and subordinate statutes on seizure records;
1. Article 78 (2) 3 of the relevant Act on the Punishment of Criminal Crimes and Article 78 (2) 2 of the Railroad Safety Act, Article 48 subparagraph 2 of the same Article (the point of causing danger to railroad operation, the choice of imprisonment), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;