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(영문) 서울중앙지방법원 2014.08.21 2014고단2164

철도안전법위반

Text

A defendant shall be punished by imprisonment for not less than five 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

On January 30, 2014, at around 08:10, the Defendant: (a) requested train crew C to verify boarding passes at the passenger cars No. 1073 of the Cheongyang-dong 1073 Saemaul 3 of the Cheongyang-dong 1073, and received a demand from the said C to indicate the re-justifiable boarding passes.

Accordingly, the Defendant displayed a legitimate Saemaeul boarding pass to the above C, and assaulted C by “Ign, I am hum, I am hume, I am hume, I am hume, I am hume one time due to his fingers, and C's left shoulders five times due to his fingers.

As a result, the Defendant interfered with the legitimate execution of duties concerning the provision of railroad workers on board and passenger services.

Summary of Evidence

1. Each legal statement of witness C, D, and E;

1. Application of laws and regulations on police statements concerning C and D;

1. Relevant Articles 78 (1) and 49 (2) of the Railroad Safety Act concerning criminal facts.

1. Although the reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is for a fine, there are several times of force related to the same kind of violence, even in the case of this case, even though it was revealed that the defendant had shown wrong tickets, it is not good that the crime is committed, such as failing to exhaust his or her speech and humiliation, and assault, etc., to the crew performing legitimate duties, even though it was discovered that he or she had shown wrong tickets, and his or her mistake is not completely divided, and it is not good that the circumstances after the crime are committed.

However, in consideration of various circumstances, such as the defendant's age and health status, the fact that the defendant was sentenced, reflects and actively attempted to reach an agreement with the victim, and paid 2 million won for the victim, the punishment as the order shall be determined.