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(영문) 서울중앙지방법원 2014.03.28 2014고정254

철도안전법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

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

Nevertheless, at around 14:07 on November 16, 2013, the Defendant: (a) took a bath to the victim, who was dissatisfied with the victim D(23 years of age, n)’s ticket sales business at the third floor 1 ticket counter in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (b) expressed the victim’s complaint about the ticket sales business of the victim D(23 years of age, n.e., the victim, “Choh, al.e., I ambrop amb.”

Since then, according to the defendant, the victim was able to resist that the defendant expressed the victim's desire to do so even before the opening of the train, and the victim was injured by assaulting the victim's left face one time and causing about 7 days of treatment due to the impairment of rupture.

Accordingly, the defendant interfered with legitimate ticketing business of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (including submission of a written diagnosis of injury to a victim);

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to the relevant criminal facts and Articles 78 (1) and 49 (2) of the Election Safety Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;