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(영문) 서울남부지방법원 2018.05.03 2018고합63
폭력행위등처벌에관한법률위반(우범자)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

While the Defendant lacks the ability to distinguish things or make decisions due to symptoms, such as depression, exchange administration, network, etc., due to Cho-dong disability, the Defendant was under influence on May 16, 2017, when he was under the influence of alcohol in the 3rd floor waiting room located in Yeongdeungpo-gu Seoul Metropolitan Government, and was placed at the entrance of the Defendant, he was under the influence of alcohol in the D Station E (W, 45 years old), who was a railroad worker, was under the influence of alcohol in the D Station E (W, 45 years old). The Defendant continued to take once the victim E face on one occasion with the same service worker F (M, 27 years old). The Defendant was under the influence of the victim F at one time, and was under the influence of the victim F at one time, and the victim F’s face was under the influence of the victim F.

As a result, the defendant interfered with legitimate execution of duties concerning the provision of railroad workers' services by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on investigation (to secure CCTVs for committing a crime), and a photograph of the CCTV-cape on the scene of a crime;

1. Application of Acts and subordinate statutes to mental emotions;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments on the violation of the Railroad Safety Act against each of the crimes listed in paragraph (1) of the same Article, and punishment on the violation of the Railroad Safety Act against F with heavier criminal situation);

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2(1) of the Criminal Act, Article 44-2(1) of the Medical Care, Care, Custody, etc. Act (the following circumstances known by the record, i.e., the Defendant, at the time of committing the instant crime, has deteriorated his/her ability to discern things and ability to make decisions due to the symptoms, such as unstable emotional, exchange, and net condition, and the Defendant requires medical treatment for an irregular period of time. The Defendant is adjacent to the time of committing each of the instant crimes.

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