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(영문) 서울중앙지방법원 2016.06.08 2016고정1122
철도안전법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

A person using a train or railroad facility shall follow the directions of railroad workers for the safety, protection, and maintenance of order of railroads under this Act, and shall not interfere with the performance of duties of railroad workers due to violence or intimidation.

On February 25, 2016, at around 01:00, the Defendant moved to the service room on the ground that the Defendant was shouldered by the victim D (34 tax) who is the subway security controller in the last train for arrival of the C station in Seoul Jung-gu, Seoul. The Defendant was moving to the service room on the part of the victim.

When the above victim prevented the defendant from entering the service room, the defendant took a hand phone boomed by his hand and taken the victim's left side part once.

Accordingly, the defendant assaulted the victim and interfered with the performance of duties of railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning investigation reports (related to attaching images recorded by a victim);

1. Article 78 of the relevant Act on Criminal facts, Articles 78 (1) and 49 (2) of the Railroad Safety Act on the Selection of Penalties, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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