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(영문) 서울중앙지방법원 2019.01.29 2018고단6699

철도안전법위반

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

During the period from September 11, 2018 to 19:08, the Defendant: (a) boarded T-T T-B trains in the Escopic Station from the Escopic Station to the Escopic Station; (b) sought explanation from C that “the Defendant’s boarding passes shall be returned to, and disposed of, the next train; (c) if any, the charges will accrue; (d) getting off from the Escopic Station to the next train; and (d) as it does not go off from the Escopic Station, the Defendant did not take an explanation of the return processing of the boarding passes from the Escopic Station to the above C; and (d) sought an explanation of the return processing of the boarding passes from the Escopic Station to the said C, and (e) obstructed or interfere with the performance of duties by his employees’ assault, 4 times as his hand, and 1 minute.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of D;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning criminal facts, the choice of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is established by taking full account of all favorable circumstances, such as the defendant's act of assault, such as verbal abuse, abusive language, abusive language, and breathing in hand to the passenger crew who are railroad workers within the train in operation without any justifiable reason, and thus obstructing the execution of their duties, and the case is not less than that of obstructing the execution of duties. The defendant's act of assault, etc. is disadvantageous to the fact that he has been punished twice as violent crime, and the fact that the defendant led to the confession of the facts charged and his mistake in depth, and that the defendant does not repeat the crime while breaking the facts charged, and all the conditions of sentencing as shown in the arguments, such as the character and conduct