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(영문) 부산지방법원 2016.05.11 2015고단7578
철도안전법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

Nevertheless, around 06:15 on November 4, 2015, the Defendant, who was locked at the front floor of the E cafeteria located in the D Station located in Busan Dong-gu, Busan, was sealed by a f's chest, who is a railroad worker who leads the Defendant to break up and move the Defendant's animal in the surrounding area.

Accordingly, the defendant interfered with legitimate execution of duties concerning tour inspection and security services to protect railroad facilities of railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to report on investigation (a statement by a victim relating to frequency of assault);

1. Article 78 (1) and Article 49 (2) of the Act on the Safety of Railroad from which criminal facts are applicable and Articles 78 (2) and 49 (2) of the Selection of Criminal Penalties;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have interfered with the execution of duties by the defendant by assaulting railroad workers as above, and the nature of such crime is not somewhat weak.

However, the punishment is determined as ordered in consideration of all the circumstances, such as the defendant's resistance, the primary offender, the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc.

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