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(영문) 대전지방법원 천안지원 2015.04.23 2014고단1830
철도안전법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 19, 2014, the Defendant: (a) around 10:45, at the time of subway No. 81, the subway No. 81, the subway No. 81, Dongbcheon-dong, Incheon, the subway No. 81, the subway No. 81, and (b) caused the Defendant to assault the Defendant by avoiding disturbance, such as: (c) going back to his own passenger vehicle while being accompanied with the above B to the west in order to undergo the pertinent investigation, on the ground that he sold goods within the electric train No. 81, the Defendant committed assaulting the Defendant at the time of two times, i.e., the Defendant, who was a railroad police officer, on the ground that he had sold goods within the electric train No. 38.38.

Accordingly, the Defendant interfered with the legitimate execution of duties related to the maintenance of order in the train of a railroad police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning B;

1. Application of the Acts and subordinate statutes in which investigation reports are entered;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered in favorable circumstances among the reasons for sentencing) cannot be deemed to be less that the crime was committed by a police officer (judicial police officer) who controlled a defendant's illegal act for the reason of sentencing. Meanwhile, the fact that the defendant seems to be an contingent crime, which is contrary to the recognition of the crime, and the fact that the defendant has no record of being punished for violent crimes or obstruction of performance of official duties, and that the defendant has no record of being punished for obstruction of performance of official duties, such as the defendant's age, character, conduct and environment, etc.

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