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(영문) 서울서부지방법원 2020.12.23 2020고단2728

철도안전법위반

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

At around 23:20 on June 25, 2020, the Defendant was diving without any particular reason in the old wave station platform in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, 15-25, and the Defendant did not get off from the old wave station, which was the last train of subway 3 lines issued by the subway 15-25. The Defendant did not get off without any particular reason despite receiving a demand from the subway security officers B and C belonging to the Seoul Transport Corporation.

B/C notifies the defendant that "I will inevitably leave the train in late arrival," and that "I will leave the train back after the defendant's back to arms and get off the train in the train," and "I will get out of the train, I would like to get out of the train, I would like to get out of the box, display the rain in the platform, get out of the disturbance, and avoid the disturbance, and I reached knife of the victim D due to a provoking where the subway security officer D had the front of the train in order to prevent it.

As a result, the Defendant interfered with the duties of railroad workers by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements (B, C, D), seizure records and lists, death diagnosis records (suspects), investigation reports (USB copies of the articles seized), application of video CD-related statutes;

1. Article 79(1) and Article 49(2) of the Railroad Safety Act applicable to criminal facts, the choice of punishment, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act (see, e.g., “the grounds for suspended sentence”)

1. The sentencing criteria for the violation of the Railroad Safety Act on the grounds of sentencing under Article 62-2 of the Criminal Act is not set. However, when examining the sentencing criteria for the crime of obstruction of the performance of official duties under Article 136(1) of the Criminal Act, which is similar to the elements of the crime for reference in sentencing, the sentencing criteria for the crime of obstruction of the performance of official duties is from six months to six

In the beginning of this year, there are many criminal punishment records, and the problem of drinking is repeated, such as the suspension of indictment, and the treatment of alcohol addiction is actively conducted.