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(영문) 서울중앙지방법원 2020.04.09 2019고정1897
철도안전법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 9, 2019, around 13:40 on February 13, 2019, the Defendant: (a) committed theft by towing glars containing 300,000 won in front of the victim’s market price, located outside 12 out of the subway 4 line Seoul Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government.

2. At around 15:15 on March 3, 2019, the Defendant’s insultd the victim E (the age of 45) who is a subway security officer at the platform No. 4 in Jung-gu Seoul, Jung-gu, Seoul, expressed that the Defendant was unbrupted and was faced with the Defendant during the influence of alcohol at the platform No. 1 line No. 4, a subway security officer (the age of 45) and was seated. The Defendant expressed that the Defendant “hys, hys, hys, hys, and hys shall grow up,” and made a public insult of the victim while many unspecified passengers are under the influence of subway users.

3. No person who violates the Railroad Safety Act shall interfere with the performance of duties of railroad workers by assaulting or threatening them;

Nevertheless, the Defendant, as a subway security officer at the time and place specified in paragraph (2), interfered with E, who is railroad workers, by means of intimidation, such as “knife flick . f. f. f. f. f. f.,”

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement prepared B;

1. Investigative report (defluence of a suspect's insulting act);

1. Report on internal investigation (verification, etc. of video recording of the victim's internal investigation and CCTV for suspects);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, Article 329 of the Criminal Act, Article 311 of the Criminal Act, Article 78 (1) and Article 49 (2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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