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(영문) 서울중앙지방법원 2016.09.01 2015고정2181
철도안전법위반
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 26, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for violating the Punishment of Violences, etc. Act (collectively weapons, etc.) in the Sungwon District Court's Sung-nam branch on August 26, 2015, and the judgment became final and conclusive on September 3, 2015.

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

Nevertheless, at around 13:20 on November 6, 2014, the Defendant raised a complaint against the victim D (year 44) who is a railroad police officer, when leaving the subway 1 line C, which is a passenger waiting room in Dongdaemun-gu Seoul Metropolitan Government, as a large interest in the passenger waiting room, the Defendant complained against the complaint.

As a result, the Defendant committed an assault to the victim on three occasions due to the victim’s own drinking, by “I am aware of my opening, my inner house, mash, dy, why she will see, why she will see, and why she will see,” and assaulted the victim on three occasions due to the victim’s face.

Accordingly, the Defendant assaulted the victim and interfered with the performance of duties of the victim who is a railroad worker.

Summary of Evidence

1. Each protocol of examination of witness E and D;

1. Photographs of the place of crime and the closure of CCTV on the surface of the crime;

1. Photographs of damaged parts;

1. Before ruling: Case search, application of Acts and subordinate statutes;

1. Relevant provisions of the Acts concerning criminal facts and Articles 78 (1) and 49 (2) of the Railroad Safety Act (Selection of Fine);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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