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(영문) 서울남부지방법원 2016.12.08 2016고단5069
철도안전법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 16, 2014, the Defendant was sentenced to 10 months in Seoul East Eastern District Court due to night residence intrusion, larceny, etc. and completed the execution of the sentence on January 8, 2015.

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

Nevertheless, at around 20:40 on May 31, 2016, the Defendant, as the head of the Korea Railroad Service Team as the leader of the Korea Railroad Corporation (the age of 37) who was at the third floor of the C Station in Seoul, was asked to bring the disturbance out of the large waiting room, and committed assault against the said D, such as “the flabed flabed flab flab flab flab flab flab flab flab flab flab flab flab flab flab flab flab flab flab b

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. Previous records: Application of criminal records, copies of written judgments, and Acts and subordinate statutes concerning personal confinement;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to criminal facts, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated crimes, is that the Defendant, under the influence of alcohol in the waiting room for the railroad that is used by many passengers, does not constitute such crime as: (a) taking advantage of the general railroad room where a large number of passengers, and (b) taking a serious bath and exercising violence against the railroad workers who control this.

There has been a record of having been sentenced to punishment several times due to theft crimes, and there has been two penalties due to violent crimes.

The crime of this case is a crime committed during the period of repeated crime, as stated in the judgment.

There is no effort to recover damage, such as the death and injury of the victim.

Other circumstances, such as the circumstances of the crime of this case, the degree of damage, and circumstances after the crime, shall be determined as per the disposition.

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