beta
(영문) 수원지방법원 2018.08.23 2018고단3079

철도안전법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers due to violence or intimidation.

Nevertheless, on March 21, 2018, the Defendant: (a) on March 21, 2018, at the D 2 large rooms located in Suwon-si C, Suwon-si, Suwon-si, and (b) on the D 18:3, the service personnel E working in the guidance room; and (c) where he/she stands in transit buses.

“Spiting,” although E was water, to the effect that “I will know well about bus routes in the railroad,” it was installed in the front of the information center after he spits E with spiting spiting spits and walking spits.

In the course of the CCTVing the CCTV, the CCTV reported the CCTV and avoided the disturbance, and in drinking, E took the face of E one time and took the humping of E by gathering it, etc., and the escape is 18:38 on the same day, and the hump of E, which took one time in front of the road located at the same place, was cut off with a humo, walked with a humoman by walking the hum in front of the road located at the same time.

As a result, the defendant interfered with legitimate execution of duties concerning railroad workers' instruction and service duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Chief of Staff issuance;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant legal provisions of the relevant Act concerning criminal facts, Articles 78 (1) and 49 (2) of the Act on the Safety of Railroad from which a punishment is selected, and the selection of a fine (see, e.g., Supreme Court Decision 201Da1548, Apr. 2,

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of mental and physical weakness under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant was in a state of mental and physical weakness due to mental illness, such as depression, etc., at the time of committing the instant crime.

The argument is asserted.

According to the records, it is recognized that the defendant suffers from mental illness, but in full view of the circumstances such as the process of the crime of this case, the details and form of the crime, and the defendant's speech before and after the crime of this case, the defendant has the ability to discern things due to mental illness at the time of the crime of this case.