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(영문) 서울중앙지방법원 2018.01.26 2017고단7379
철도안전법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On October 1, 2017, around 14:11, 2017, the Defendant took a bath to the service personnel who reported the guidance at the 3rd floor waiting room in Yongsan-gu Seoul Metropolitan Government, the Defendant took care of the disturbance from the victim E (25 years) who is a social service personnel who was performing the duty of supporting railroad workers, such as safety duties in the D basin and guiding passengers to guide the disturbance, and caused the Defendant to force the victim to the right chest part by the left hand.

Accordingly, the defendant assaulted railroad workers and interfered with the execution of their duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to the victim's photograph, photograph of the place of crime, photograph of the photograph of the victim, copy of the designation of the victim's service, and daily service status;

1. The relevant legal provisions of the Act regarding criminal facts, Articles 78(1) and 49(2) of the Act on the Safety of Railroad Safety, the reasons for imposing sentence of imprisonment, and the Defendant, on December 28, 2012, sentenced eight months to imprisonment for the crime of assault and insult at the Seoul Central District Court, and completed the enforcement of the sentence on May 9, 2013 at the Seoul Central District Court, and there are 20 criminal records of violence, including the completion of the enforcement of the sentence on May 9, 2013. On June 21, 2017, there are records of criminal records of which fine of one million won is imposed as a violation of the Railroad Safety Act.

The defendant exercised violence against a legitimate victim while performing his/her duties, and was not agreed upon.

On January 1, 2018, the Defendant was arrested in a flagrant act as a crime of insult, where he took a bath for passengers under the influence of alcohol in the D basin, and the circumstances are not good after committing the crime.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the Defendant’s confession of the instant crime while committing the instant crime; (b) the Defendant has a mental disability of grade 2; (c) the degree of the instant assault is not serious; and (d) the Defendant’s age, sexual conduct, environment; (b) background leading up to the instant crime; (c) the degree of damage; and (d)

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