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(영문) 인천지방법원 2019.10.07 2019고단2562

철도안전법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers by violence or intimidation.

Nevertheless, on January 12, 2019, at C Station platform located in Nowon-gu in Seoul Special Metropolitan City, the Defendant assaulted the backline of C Station Service Center D(37 years of age) (37 years of age) that had been engaged in providing guidance to the Defendant on one occasion, and continuously breaddd the breath of C Station E(29 years of age) by taking the breath of the breath of C Station E(29 years of age) by hand.

As a result, the Defendant interfered with legitimate performance of duties on the provision of services and maintenance of order of railroad facilities to railroad workers and social work personnel.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of D and E;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the Defendant committed an assault against the railroad workers who have aided himself, and one of them was even walking in the back depth, and the elements of unfavorable sentencing, such as the Defendant’s transfer of 20,000 won to the victims, and other favorable factors such as the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, etc., which are the conditions for sentencing specified in the instant pleadings, were considered.