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(영문) 서울서부지방법원 2020.12.23 2020고단3433
철도안전법위반
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The facts of the premise are the passengers boarding the B electric trains leading to the subway 1 subway station in the subway station, and C (n.e., the age of 51) is the deputy head of the electric trains.

On August 15, 2020, the Defendant boarded the train from the “Airway 1 Station” located in the 79 subway station in the Gu's New Village of the Government, which was located in the 79th century, and thereafter, the Defendant took a bath to the Vice Minister C using an emergency mobilephone installed in the first vehicle of the said train. On the same day, C around 19:00 on the same day, at around 19:00, the Vice Minister moved from the said train to the one-lane of the said train with the Defendant in order to verify the specific situation while getting out of the said train for shift service in the “Man Station 1” located in the Seoul Special Metropolitan City, Nowon-gu, Seoul.

2. No specific criminal fact shall interfere with the performance of duties of railroad workers by assault and threat;

Nevertheless, at around 19:00 on August 15, 2020, the Defendant: (a) expressed that the Vice-Chairperson C, who is a railroad employee, moved the train’s first-lane to “drawing,” thereby under the influence of alcohol, the Defendant, at around 19:00, threatened the Vice-Chairperson C with a bitch 30m of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch xch bitch bitch bitch bitch bitch.” As the Defendant was able to complete the obligation (total length 30cm) in his hand, and continued to threaten C with his debt in his platform, as the Defendant was able to complete the debt in his platform.

Accordingly, the Defendant interfered with legitimate performance of duties on the electric train and platform management of railroad workers by assault and threat.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Application of each investigation report (referring to cases of the analysis of CCTV images on platforms in the light-based station, cases of the submission of victims' photographs, cases of witness conversations, and cases of suspect photographs and debts);

1. Criminal facts;

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