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(영문) 서울북부지방법원 2019.08.13 2019고단838

철도안전법위반

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Railroad Safety Act against victims B shall interfere with the performance of duties of railroad workers by means of violence or intimidation;

On January 12, 2019, around 22:35, 2019, the Defendant received a disposition of notification from the Korean National Railroad Branch B before the D Center for Korean Railroad Police in Dongdaemun-gu Seoul, and from the Korean National Railroad Branch B before the D Center for Korean Railroad Police Officers affiliated with the Seoul Special Railroad Police Branch, and returned home.

청을 받자 이에 불만을 품고 “퍽킹 폴리스!”라고 욕설을 하며 위 B의 근무복과 손에 침을 뱉는 등 폭행하였다.

As a result, the Defendant interfered with the maintenance of order of railroad workers and the legitimate execution of duties concerning customer guidance.

2. No person who violates the Railroad Safety Act against victims E shall interfere with the performance of duties of railroad workers by means of violence or intimidation;

On January 12, 2019, the Defendant assaulted, around 22:36, the third floor male toilets in the foregoing D basin, such as, in order to arrest the Defendant as a flagrant offender in violation of the Railroad Safety Act, the Police Officers E, who were affiliated with the Seoul Special Korean Railroad Police Team, leading the Defendant to wear working clothes of the said E, and breathing bat.

As a result, the Defendant interfered with the maintenance of order of railroad workers and the legitimate execution of duties concerning customer guidance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Each photograph;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning criminal facts and the choice of punishment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, which appears to have committed the instant crime with the attitude of disregarding the exercise of legitimate public authority, requires strict punishment for such crime in order to establish a state’s legal order.

However, there is against the defendant, and there is punishment power in Korea.