A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

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

그럼에도 불구하고 피고인은 2017. 1. 21. 22:20 경 서울 용산구 C에 있는 KTX D 역 2 층 역무실에서 술에 취하여 아무런 이유 없이 D 역 역무팀장인 피해자 E(36 세 )에게 욕설을 하면서 오른 주먹으로 피해자의 가슴 부분을 3회 때리고, 멱살을 잡아당긴 후 오른 주먹으로 피해자의 왼쪽 얼굴 및 뒤통수를 각각 1회 때리고, 발로 피해자의 왼쪽 정강이 부분을 2회 걷어찼다.

As a result, the Defendant interfered with the performance of duties of railroad workers by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. In light of various circumstances, such as the background and means of the crime, the details of the crime, and the Defendant’s behavior before and after the crime was committed, it does not appear that the Defendant did not have or lacks the ability to discern things at the time of each of the crimes in this case, under the influence of alcohol, and thus, did not have the ability to discern things or make decisions.

Application of Statutes

1. Relevant Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning facts constituting an offense, and Articles 78 (1) and 49 of the Election Safety Act concerning the option of punishment, and the choice of imprisonment;

1. Agreement on the grounds for sentencing under Article 62(1) of the Criminal Act in the suspension of execution, the fact that violence is exercised against a legitimate victim during the performance of duties, the age, sexual conduct, environment, circumstances leading to the crime, circumstances after the crime, etc.;