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(영문) 부산지방법원 2021.2.18. 선고 2021고정11 판결

철도안전법위반

Cases

2021 Violation of the Railroad Safety Act

Defendant

A

Imposition of Judgment

February 18, 2021

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the above fine is not paid, the defendant shall be confined in a workhouse for the period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Criminal History Office

At around 13:35 on July 20, 2020, the Defendant was unable to avoid disturbance within the guest car, on the ground that the victim B, who is the subway officer belonging to the Busan Urban Transportation Corporation, was faced with the locking of the Defendant, who was making a string of the Mask immediately, on the following grounds: (a) around 13:35, 200, the Defendant was able to avoid disturbance on the part of the Defendant: (b) on the ground that the victim B, who was the subway officer belonging to the Busan Urban Transportation Corporation, was able to wear the Mask immediately; (c) he was hick, softened; (d) he was hicked; (d) he was hicked; (d) he was hicked; (d)

피고인은 "마스크를 바로 써달라"는 피해자의 직무상 지시를 따르지 않고 계속 고성을 지르고 욕설을 하기에 피해자는 운행중인 열차의 안전·보호와 질서유지를 위하여 피고인에게 객차 밖으로 퇴거 요청을 하였으나, 피고인은 "추가 소요되는 돈을 주기전에는 못내린다"며 버티고 지시를 따르지 않기에, 피해자가 피고인의 팔짱을 끼고, 허리춤을 잡고 ■■역 승강장으로 하차를 시키려고 하자 피고인은 피해자의 가슴을 1회 때리고, 손으로 턱을 1회 때리고, 오른쪽 집게손가락 부위를 손으로 가격하는 등 폭행하는 방법으로 여객을 상대로 승무 및 역무 서비스를 제공하는 철도종사자인 보안관의 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 79(1) and 49(2) of the Railroad Safety Act; Selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges

Judges Song Jin only