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(영문) 대구지방법원 2021.01.07 2020고단4331
철도안전법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 29, 2019, the Defendant was sentenced to 10 months of imprisonment with prison labor due to a crime of bodily injury, etc. at the Daegu District Court, and completed the execution of the sentence at the South prison on March 12, 2020.

【Criminal facts” On July 19, 2020, the Defendant was requested by the victim D ( South and 51 years old), the head of the C service team of the Korea Railroad Corporation, the head of the C service team belonging to the Korea Railroad Corporation, to wear a horse while living in the Nowon-gu Seoul Metropolitan City, Daegu-gu, Seoul-gu, without wearing a ice, to request the Defendant to wear a ice. The Defendant refused the request. The victim took the Defendant out of the said ice, taken the Defendant out of the said ice, took the Defendant out of the ice, brought the Defendant’s desire to write the ice, and threatened the victim with the Defendant’s left hand, and sealed the victim at one time by hand.

As a result, the Defendant interfered with the performance of duties concerning the safety management of railroad workers in the station by assault and intimidation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Certificate of labor personnel (D);

1. On-site photographs and victim photographs;

1. Previous convictions: A reply to inquiries, such as criminal history, criminal records, convictions for repeated crimes, and application of statutes on the acceptance status of individuals;

1. Relevant Article 79 of the Railroad Safety Act, Articles 79 (1) and 49 (2) of the same Act concerning criminal facts, the selection of punishment for imprisonment;

1. Circumstances favorable to the reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes: The degree of violence is not more severe;

The crimes are recognized.

Unfavorable circumstances: The same type of crime has already been punished several times due to the same type of crime, but the crime has been repeated.

It is a crime during the period of repeated crime.

In addition, the defendant's age, sex, environment, motive, means, and result of the crime, records, such as circumstances after the crime, and various conditions of sentencing as shown in the argument of the case shall be determined as ordered by taking into account.

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