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(영문) 서울중앙지방법원 2015.06.03 2015고단222

철도안전법위반

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On November 5, 2014, at around 23:10, the Defendant stated that “On the 6th guest rooms of ITS Saemaul 1132X Y AFF 1132, the Defendant was demanded to present boarding passes by C, who is railroad workers, when the train is operating the manual of the Suwon Station-Ying Station, the Defendant: (a) the Defendant boarded without purchasing boarding passes; and (b) the Defendant would purchase boarding passes in the train.”

Accordingly, the above railroad worker C expressed that “in order to purchase boarding passes in a train, 6,000 won, which is a normal fare, shall be paid KRW 9,000 per person, due to the occurrence of an additional fare of 50%,” and the Defendant committed assault, such as granting the above railroad worker C’s jackets and KONs, and 2-3 scams.

As a result, the Defendant interfered with the execution of duties concerning the protection of railroad safety and maintenance of order of C, who is railroad workers.

Summary of Evidence

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

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes of evidence prepared by E;

1. Articles 78 (1) and 49 (2) of the relevant Act on Criminal Facts;

1. Selection of imprisonment with prison labor as a matter of choice (the fact that there is a criminal record, such as a fine driver, assault, etc. to the accused; the fact that the evidence of the crime does not seem to be any light even though it is obvious that the crime is committed; rather, the circumstances after the crime are committed, such as filing a complaint against the victim; and the defendant's age, character and conduct, environment, circumstances of the crime in this case, degree of damage

1. Article 62 (1) of the Criminal Act;