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(영문) 서울북부지방법원 2018.07.27 2017고단561

철도안전법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant committed the following acts in the state that the defendant has the ability to discern things or make decisions due to compilation illness:

1. On December 31, 2016, the Defendant: (a) committed an act of disturbance in large interest in front of women’s toilets located in the D Station located in Gwangju Northern-gu, Gwangju, at around 16:06, when the Defendant took a bath to the victim who was under restraint from the victim E (M, 57 years old) who was the cause of the D station environment, and took a bath to the victim; and (b) took a bath to the victim, the Defendant took a bath to the victim at one time.

Accordingly, the defendant assaulted the victim.

2. Violation of the Railroad Safety Act and the injured Defendant provided the service to the passengers at the same date and time as paragraph 1, and at the same place as that of paragraph 1, the victim F of the D Station Team leader of the D Station that provided the service to the passengers (at the age of 42) who was the victim of the said violence, and was able to take the victim’s bath for the said violence, resulting in the victim’s injury, such as the injury to the second spam, which requires approximately two weeks of treatment, and at the same time interfere with the legitimate performance of duties by the railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. CCTV images;

1. Each photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting an offense (the point of violence), Article 78 (1), Article 49 (2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers), and Article 257 (1) of the Criminal Act (the point of harm) concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The Defendant committed the instant crime during the period of suspension of execution due to the same kind of crime under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: Provided, That the degree of assault and bodily injury is relatively minor, the Defendant appears to have committed the instant crime under a state of weak mental and physical disorder due to his or her assistance, and the Defendant committed the instant crime under a state of weak mental and physical disorder, based on her part of the facts charged,