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(영문) 서울동부지방법원 2017.09.26 2017고정325
철도안전법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Victims C (Age 31) is a subway security officer belonging to the Seoul Metropolitan Government Urban Railroad Corporation, who is in charge of the affairs of maintaining and controlling order in subway history and guest cars and guard.

No person shall interfere with the performance of duties of a steel assistance worker by means of violence or intimidation.

Nevertheless, at around 00:50 on December 8, 2016, the Defendant: (a) received a report on the disturbance of the second floor underground in Seongdong-gu Seoul, the second floor opening in Seongdong-gu, Seongdong-gu; and (b) received a report on the disturbance, and obstructed the legitimate execution of duties of railroad workers by assaulting the victim at one time and assaulting the victim’s inner part of the inner part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Application of CCTV image data to the Acts and subordinate statutes;

1. Article 78 of the relevant Act on Criminal facts, Articles 78 (1) and 49 (2) of the Railroad Safety Act on the Selection of Penalties, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act, which has no record of criminal punishment on the ground of the same crime committed against the defendant for the reason of sentencing at the Nowon Station, the crime of obstructing the legitimate duties of railroad workers is inferior, and the crime is sufficiently acknowledged following the testimony of the victim and witness, as well as the victim clearly expressed his/her identity at the time, so the defendant was aware that he/she interfered with the duties of railroad workers.

Although the Defendant appears to appear in this court, the Defendant, in light of the sentencing conditions indicated in the instant trial, such as the fact that “the victim had a fluence with the Defendant in the past, and the victim had led the Defendant some of them to commit assault,” did not entirely reflect the situation of assault, shall be determined like the order.

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