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(영문) 대전지방법원 2014.07.25 2014고정783
철도안전법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 14:00 on February 3, 2014, the Defendant: (a) took a bath to the surrounding passengers within the train from Daejeon to the 8th century, where the train was in operation between Daejeon and the Jindo Station; and (b) received a removal from the victim D (33) of the train crew crew, who is a railroad worker, from the train crew member of the said train; (c) while having weak the ability to discern things or make decisions due to mental illness; (d) around February 14, 2014, the Defendant obstructed the legitimate execution of duties of the victim, who is a railroad worker, by taking a bath to the following: (a) “Woo . 4 police officers are dead; and (b) our food is dead.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D;

1. Each certificate of proof;

1. Application of Acts and subordinate statutes to photographs of damaged parts of the victim;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to the relevant criminal facts and Articles 78 (1) and 49 (2) of the Election Safety Act;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is the primary offense for the provisional payment order, the fact that the degree of mental disorder is significant and the family's recurrence is being prevented;

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