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(영문) 서울중앙지방법원 2017.11.30 2017고단6890
철도안전법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

On June 28, 2017, the Defendant: (a) around 00:28, around 102-ro, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu, 102-ro 102-ro subway entrance, and (b) reported and sent to the police officers of the railway department C center in Seoul, the Korean National Railroad Branch D, and the Korean National Police Branch E request the Defendant to present identification card, etc., the Defendant’s head of the said D (50) was cut one time, bombed with flick-ro 102-ro, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and 10:31 on the same day, prevented the Defendant from driving the body of the said E (41 years of age) with his/her hand, and caused the 2nd E to eating.

As a result, the Defendant interfered with the performance of duties concerning the maintenance of order of railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (victim D, E-victim photographic photographer), investigation report (Evidence of Railroad Workers);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where the defendant committed assault against railroad workers who prevented the defendant from disturbing the defendant's act, thereby hindering them from performing their duties relating to the maintenance of order in the railroad workers, and the responsibility is not minor.

However, the fact that the defendant led to the crime of this case, the defendant's mistake is divided, the injured railroad workers want the defendant's wife, the defendant's violation of the preliminary military law in around 2009, and there is no other penalty force except for the punishment of a fine of KRW 500,000 as a result of the violation of the preliminary military law in around 209.

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