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(영문) 서울동부지방법원 2019.05.16 2019고단949

상해등

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Around February 19, 2019, the Defendant, who violated the Railroad Safety Act, sought advice from the victim D (the age of 43) who is the cause of service at the C Station Service Center located in Seongdong-gu Seoul, Seongdong-gu, Seoul, about February 22:41, 2019.

As a result, the Defendant interfered with legitimate execution of duties concerning passenger guidance and maintenance of order of railroad workers, and at the same time, the Defendant inflicted an injury on the right side of the second water that requires medical treatment for about 10 days to the victim, such as the nearby alley salt.

2. The Defendant damaged the damage of property in such a way that the amount of money could not be known due to the damage of the victim D’s guiding signs managed by the victim D, who was set up at the time and place specified in Paragraph 1, would not be driven by the escalator at the time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (related to the verification of CCTVs at the site);

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense; Articles 78(1) and 49(2) of the Railroad Safety Act; Article 366 of the Criminal Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. Although a criminal defendant for sentencing under Article 334(1) of the Criminal Procedure Act has been sentenced to several times due to violent crimes, etc., the punishment shall be determined in consideration of the circumstances such as a relatively minor extent of damage and a smooth agreement with the injured party.