(영문) 서울중앙지방법원 2019.01.31 2018고정2709

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(영문) 서울중앙지방법원 2019.01.31 2018고정2709

철도안전법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers by assault or threat.

Nevertheless, at around August 18, 2018, the Defendant: (a) took a bath and intimidation on the ground that the victim C, who is the head of the train, was infinite in the passage between the 7th and the 7th guest room (before the arrival of the train immediately after the departure of the station), and the victim C, who is the head of the said train, was infinite, and took a assault against the victim on the left side of the victim and the 7th guest room (after the departure of the station, before the departure of the station), on the ground that the victim C was infinite in the course of the check, and was infinited and threatened with the head and the ship.

Accordingly, the defendant interfered with the legitimate execution of duties of the victim who is a railroad worker for about eight minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Copy of the victim's identification;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 78 (1) and Article 49 (2) of the Railroad Safety Act applicable to the relevant criminal facts and Articles 78 (1) and 49 (2) of the Election Safety Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for violent crimes, etc. is disadvantageous.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession, mistake, the victim did not want the punishment of the defendant, the defendant's mental disorder 3 level, the defendant's age, character and conduct, environment, family relationship, means and result, circumstances after the crime, etc., shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case.

참조조문

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