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(영문) 서울남부지방법원 2015.05.08 2015고단575
철도안전법위반
Text

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

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

Reasons

Punishment of the crime

On February 24, 2015, around 17:50, the Defendant was under the influence of alcohol by getting on a subway 2346 vehicle 7-4 in the direction of the subway 2 line. Upon receiving a report on the said situation, the Defendant took a crypt belonging to the Seoul metro that belongs to the subway station and the railroad worker C (38 years of age) engaging in the maintenance of order and control of order in the subway station and passenger vehicle, etc., and was asked about contact after getting off the 7-4 platform of the cry basin, the Defendant took care of the victim’s chest on his hand, such as “if the cryp, the cryp, the cryp’s name, was observed,” and obstructed the legitimate performance of duties concerning the safe operation of rolling stock and the maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. 12 On-site reports;

1. Application of Acts and subordinate statutes to investigation reports (a photograph and CD attachment);

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. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no more penalty than a fine, the fact that the crime has been pened and reflected in depth, and the fact that the crime has reached the crime in this case due to a qualitative mental disorder and a speculative disorder);

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