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(영문) 서울동부지방법원 2019.09.20 2019고단1567

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

Criminal facts

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

On December 15, 2018, at around 17:58, the Defendant, on the front platform of 349 train No. 349 train No. 5 located in Daegu-gu B, Daegu-gu, the Defendant spited the above D by spiting the Defendant into the front platform of the train head D, on the ground that he was imposed a free fare for passenger cars from the head of the train office D, who is a railroad employee, and used the said D as “spawn.”

As a result, the Defendant interfered with legitimate execution of duties concerning railroad rolling stock and passenger management by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by a special judicial police officer against D;

1. A photograph of the damaged part of the complainant and a CCTV image in the course of violence;

1. A report on investigation (to have witness, witness, telephone communications case);

1. Application of Acts and subordinate statutes on jurisdiction;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the "disforth sentence") is that the Defendant interfered with the legitimate execution of duties of the victim, who is a railroad worker, by taking advantage of spitation, etc. against the victim in the course of protesting against the victim, who is a railroad worker, in relation to the imposition of free-of-car fares. In light of the content of the crime, etc., the Defendant re-offending the victim even though there was a record of criminal punishment for violent crimes, etc. (e.g., reasonable circumstances). As the Defendant asserts, it is against the fact that there is a certain amount of money for the reasons for the crime, as argued by the Defendant, the Defendant agreed to pay and agree to the victim a certain amount of money, and the Defendant’s age, character and conduct, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., shall be