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(영문) 서울북부지방법원 2017.10.19 2017고단3304
재물손괴등
Text

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

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

Reasons

Punishment of the crime

1. On August 6, 2017, around 22:30 on August 6, 2017, the Defendant: (a) saw that the F’s attitude of “F,” which is the cause of service, was in an infinite in the D Station Esan Station of Dongdaemun-gu Seoul, Seoul, would be very kind; and (b) took a bath to F, “F, fins that work at the subway finite,” and then, (c) opened a settlement window and damaged one computer monitor at the market price by drinking a computer monitor, thereby damaging the floor.

2. No person who violates the Railroad Safety Act shall interfere with the performance of duties of railroad workers by threat of violence;

Nevertheless, on August 6, 2017, around 22:39, the Defendant took ten times as a drinking to the victim F, who takes charge of the customer service in the subway E Station E Station of subway No. 1, the Defendant 22:39, a day off the left shoulder of the victim F, who takes charge of the customer service in the place.

As a result, the Defendant interfered with the performance of duties of railroad workers by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on internal investigation (Evidence submitted by the victim);

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Articles 78 (1) and 49 (2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. As to the Defendant’s assertion of Article 62(1) of the Act on the Suspension of Execution, the Defendant and the defense counsel asserts to the effect that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime, the details of the crime, and the defendant's behavior before and after the crime committed by each of the above evidence, it cannot be deemed that the defendant was unable to discern things or make decisions under the influence of alcohol at the time of the crime of this case, and thus, the above assertion is acceptable.

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