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(영문) 인천지방법원 2018.08.30 2018고단5197
철도안전법위반
Text

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

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

Reasons

Punishment of the crime

No person shall interfere with the performance of duties of railroad workers by intimidation.

On June 23, 2018, around 18:10 on June 23, 2018, the Defendant presented a copy of the welfare card to D (35) (35) that is a cause of the C service of the Korean Railroad Corporation, while drunk in front of the customer support room for the third floor C in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. However, upon refusal, the Defendant demanded a free boarding pass by presenting a copy of the welfare card to D (35). However, upon refusal, the Defendant expressed D’s face one time as a cre of the open entrance, while intending to open the entrance.

Accordingly, D's face was requested to report to a member of the fee, and outside D's face was taken once again.

As a result, the Defendant interfered with the performance of duties related to the service of railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning criminal facts, Articles 78(1) and 49(2) of the Act on the Safety of Railroad from which a sentence has been imposed, and the choice of imprisonment (it is difficult to prevent recidivism any more with punishment imposed on property, in light of the nature of the crime, the violent inclination associated with the depression of harm and the awareness of harm, the suffering and appearance experienced by the damaged service personnel, as well as the suffering and appearance experienced by the damaged service personnel);

1. Article 62 (1) of the Criminal Act on the suspended execution ( considered the necessity for treatment within society in consideration of the mental and physical conditions faced by the defendant and the guidance of neighboring residents, etc.);

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