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(영문) 수원지방법원 2015.05.07 2015고단621

철도안전법위반

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

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

그럼에도 불구하고 피고인은 지하철 1호선 청량리발 천안행 제677전동차의 1호 객차에서, 피고인이 승객들에게 “야 이 잡놈의 새끼들아, 너희들이 사람새끼냐, 개좃같은 새끼들아, 다 죽여버리겠다.”고 소리치며 소란을 피우고 있다는 신고를 받고 출동한 서울지방철도 특별사법경찰대 C 소속 철도경찰관인 D, E으로부터 제지를 당하게 된 것에 화가 나,

(a) On January 10, 2015, at 16:55, G basin 1-1 point in G calendar Habbucks located in F on January 16, 2015, walking up twice the left part of D with the Defendant’s left part, and taking off the part of E’s bucks located adjacent to it one time as Defendant’s drinking;

B. On January 10, 2015, around 17:00 G basin, the part on D’s left side is walking three to four times on the left side of the Defendant’s left side, and E’s part on E’s buckbucks are walking once in the Defendant’s left side, and the part on the face is walking once in one way with the Defendant’s left side;

다. 2015. 1. 10. 17:05경 G역 C 사무실에서 D의 왼쪽 허벅지 부위를 피고인의 왼쪽 발로 2회 걷어차고, E의 허벅지 부위를 피고인의 왼쪽 발로 1회 걷어찼다.

As a result, the defendant interfered with legitimate execution of duties concerning the maintenance of order of railroad police officers by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and H;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Articles 78 (1) and 49 (2) of the Railroad Safety Act and the choice of punishment for a crime;

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

1. He/she shall choose to imprisonment with prison labor in consideration of the fact that the degree of assault that the defendant exercised for the reason of sentencing under Article 62(1) of the Criminal Act is not minor;

However, there is no record that the accused is against and has been punished in excess of the fine.