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A defendant shall be punished by imprisonment for not more than ten months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 11:00 on Nov. 18, 2008, the Defendant assaulted the victim on the hand floor of the victim on the ground that the victim C (the 20-year old-old 20-year old-old son) was changed to the victim who is running the mixed-level train in the 498-dong-dong-dong-gu Mang-dong, Geumcheon-gu, Geumcheon-gu, Geumcheon-gu, Seoul, on the ground that the victim C(s) was in operation in the Singu-dong-dong-dong-dong-dong-dong-gu, Geumcheondong-gu, Geumcheondong-gu, Geumcheon-gu, Geumcheon-gu.
2. Around 11:05 on November 18, 2008, the Defendant violated the Act on the Safety of Railroad and Damage of Property, etc.: (a) was parked in a train located in the Si interest station located in Geumcheon-gu, Geumcheon-gu, Seoul, Geumcheon-gu, for repair by having the repair cost of KRW 3,463,29, 1, etc. of the front glass owned by the Victim’s Cow Day, 1, 1, 1, etc. of upper glass, and 3,463,29 of the front glass owned by the victim and causing danger to the operation of rolling stock at the same time.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of C or D;
1. Application of the Acts and subordinate statutes to the investigation report (including a photograph of the damaged glass), the investigation report (including a case of criminal conduct and a photograph of the place of arrest), the investigation report (a case of securing criminal tools), and the investigation report (a case of a estimate of the damage in the glass window);
1. Relevant Article 260(1) of the Criminal Act, Article 366 of the Criminal Act, Article 78(2)3 and Article 48 subparag. 2 of the former Railroad Safety Act (amended by Act No. 11476, Jun. 1, 2012); the choice of imprisonment for each of the types of punishment
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Considering the fact that the crime of violating the Railroad Safety Act on the grounds of sentencing Article 62(1) of the Criminal Act on the suspension of execution brings considerable risk to the safety of the operation of rolling stock due to the instant crime of violating the said Act, and that there is no letter or smooth agreement from the victim of the instant crime of assault, it is necessary to punish the Defendant strictly.