beta
(영문) 부산지방법원서부지원 2020.11.17 2020고단1765

철도안전법위반등

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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 11, 2019, the Defendant, in response to the withdrawal, was demanded from C by the service personnel C to perform the act of speech or solicitation prohibited pursuant to the Railroad Safety Act and the Enforcement Rule thereof within the elevator B as indicated in the foregoing paragraph (1).

However, at around 08:33 on the same day, the Defendant failed to comply with the demand of a police officer to leave the service personnel without justifiable grounds until the police officer dispatched after receiving a report from the above service personnel, and the Defendant failed to comply with the demand to leave the service personnel at least eight times in total from that time to March 17, 2020, as shown in the list of crimes in the attached Table.

2. No person who violates the Railroad Safety Act shall interfere with the performance of duties of railroad workers by assaulting or threatening them;

Around 07:00 on May 24, 2020, the Defendant was demanded to leave from E, which caused the service by doing a speech or solicitation prohibited by the Railroad Safety Act and the Enforcement Rule thereof within the urban railway B located in Busan Seo-gu.

Around 08:04 on May 24, 2020, the Defendant discovered the foregoing E, which is inspecting the station facilities in the street near the exit area No. B No. 6, and assaulted E in his hand five times in his hand.

Accordingly, the defendant interfered with legitimate execution of duties on the inspection of historical facilities of railroad workers.

Summary of Evidence

1. As a result of each reproduction of CCTV video CDs (Evidence Nos. 7, 9) in each court’s partial statement C and E, the Defendant’s partial statement C and each police statement of each court, the copy of each service site, copy of a certificate of employment, relevant legal provisions concerning facts constituting an offense subject to the 112 Report Handling Table, and each of the choice of punishment under Article 319(2) and (1) of the Criminal Act, Articles 78(1), 49(2) of the former Railroad Safety Act (wholly amended by Act No. 17239, Apr. 7, 2020); Article 37, former part of Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders subject to imprisonment with labor.