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(영문) 서울중앙지방법원 2016.11.22 2016고단6798

철도안전법위반등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On August 13, 2016, the Defendant violated the Railroad Safety Act: (a) around 18:46, while drunkd in subway 1 line 1, subway line 179 electric trains, the Defendant obstructed the legitimate execution of duties concerning D’s safety of railroad facilities and maintenance of order, which are railroad workers, by putting the victim’s arms and arms at hand with hand, and putting the victim’s arms at hand with the upper part of hand, and using the upper part of the right hand at once.

2. At around 18:47 the same day, the Defendant reported the victim E (the age of 26) on the platform No. 4 of the No. 151 in Dongjak-gu Seoul Nowon-ro, Dongjak-gu, Seoul, 151 on the same day, and sent the victim to D by a special judicial police officer as above. The Defendant assaulted the victim by walking the victim’s bridge at several times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Examining the circumstances revealed in the record, such as the background leading up to the instant crime, method of crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, it does not seem that the Defendant had the ability to discern things or make decisions, even though the facts of drinking at the time of the instant crime were recognized, it does not seem that the Defendant had the ability to discern things or make decisions.

Application of Statutes

1. Relevant provisions concerning criminal facts, Articles 78 (1) and 49 (2) of the Railroad Safety Act, and Article 260 (1) of the Criminal Act concerning the option of criminal punishment;

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

1. It is so decided as per Disposition for the reasons above Article 62(1) of the Criminal Act (the defendant's mistake is recognized and the elderly is considered).