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(영문) 대전지방법원 2018.01.12 2017고단3150
철도안전법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years 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, the defendant around 13:40 on August 5, 2017, within the passenger room of the 330 train of Busan STRT No. 8 of the 330 train, the defendant is the above train crew C (26 tax) who is the above train crew while being placed as a side guest and seat under the influence of alcohol.

Disturbing the thickness of other customers, you can see to the way of locking.

As the phrase “,” the said C et al. was expressed in his hands and intended to take a bath.

Accordingly, the Defendant assaulted the above C and interfered with legitimate execution of duties concerning the management of train rooms by railroad workers.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of C and D’s statutory statement legislation

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the Defendant recognized the fact that the Defendant committed assault against the crew by avoiding a disturbance in the STRT train, and this is likely to cause uneasiness and danger to the safety of the passengers in the train, which is a closed space leading to high speed driving, and thus, the responsibility is not significant.

In addition, not only the investigation process but also the trial process in this court, the defendant shows a hostile attitude toward the investigator or the full bench, and the court also has a very poor legal attitude.

However, there is no particular criminal record in addition to a fine of the past one time, and the criminal facts recognized in this case are all assaulted against the victim once, and there is a substantial damage such as the victim being injured or suffered by the victim.

There are also difficult circumstances to see.

In addition, the process of the instant crime;

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