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(영문) 인천지방법원 2015.09.23 2015고단3874
철도안전법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On May 2, 2015, the Defendant: (a) around 21:15, at the 1135 train train in Busan Bupyeong-gu, Bupyeong-gu, Incheon, U.S. 1, U.S. W. 1135 trains in M. M. 1, U.S., U.S. P., C and their daily activities divided bicycles into the train floor and avoided the disturbance, and (b) made the back part of C’s item.

On May 2, 2015, at around 21:20, the Defendant: (a) heard an explanation from the E StationFF, who was dispatched upon receipt of a report that the disturbance occurred, that “it is possible to take a bicycle on the train at the weekend,” and (b) expressed to F that “I am off, I am off, I am off, I am bling off, I am fat with the left hand.”

As a result, the defendant interfered with legitimate execution of duties concerning the maintenance of railroad order by railroad workers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes to copies of the railroad construction employee certificates;

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 grounds for sentencing under Article 62(1) of the Criminal Act are against the instant crime under Article 62(1) of the suspended sentence, the fact that under the influence of alcohol, the Defendant seems to have reached the instant crime by contingency, the fact that there is no record of punishment exceeding the fine, and other various conditions of sentencing, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, etc., shall be determined as ordered by

Public Prosecution Rejection Parts

1. On May 2, 2015, at around 21:15, the Defendant assaulted C’s clothes two times, and C’s back portion of the lower part of C’s title, on the ground that the Defendant was divided the bicycles into the train floor, on the ground that at the 1135 train 135 trains of the subway C, which operated a subway station-Dong rock Station section of Bupyeong-gu Incheon, Bupyeong-gu, Incheon. In order to avoid disturbance, the Defendant assaulted C, on the ground that the victim C (the 15-yearssssss) and his/her daily activities divided bicycles into the train floor.

2. The judgment of this case.

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