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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.
Reasons
Punishment of the crime
1. Around 21:50 on July 21, 2018, the Defendant: (a) obstructed a disturbance from the train moving to the top direction of subway No. 4; and (b) assaulted against the victim B (57) by taking resistance against it; and (c) by cutting down the breath of the victim’s breath, booming the bom.
2. On the above date, the Defendant violated the Railroad Safety Act at the vicinity of subway C stations No. 4, and at the time from railway workers D (59 tax) dispatched after receiving a report, and assaulted the said D’s ebbbage by cutting off and cutting off.
Accordingly, the Defendant interfered with the legitimate performance of duties by railroad workers.
Summary of Evidence
1. Statement by the defendant in court;
1. Each written statement B and D;
1. Application of statutes on DNA identification cards for railroad workers, and of each damaged photograph;
1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Articles 78(1) and 49(2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers), and the choice of imprisonment for each sentence concerning criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): The victims did not receive an application or have not recovered from damage, and there was the same history of punishment.
The defendant's mistake is recognized as favorable circumstances.
There is no history of punishment exceeding a fine.
In addition, the punishment shall be determined in consideration of various conditions of sentencing as shown in pleadings and records, such as the defendant's age, sex, environment, circumstances before and after the crime, the background of the crime, etc., and the execution of the punishment shall be suspended.