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(영문) 대전지방법원 홍성지원 2017.04.25 2016고단614
철도안전법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 7, 2016, when the Defendant was in the state of having the ability to discern things or make decisions due to editing illness, and even if anyone did not interfere with the performance of duties by railroad workers due to assault and intimidation, he/she was in the 3rd vehicle of the 19:35 Gasan C train for the 19:4 on February 7, 2016, he/she was inspected as to whether he/she was in possession of boarding tickets from the victim D (W, 30 years old), who is the railroad crew member, the Defendant continued to take the victim's desire without any particular reason after he/she followed the victim who was moving the 4-lane of the said train, and followed the victim's left side of the said train by hand, the victim's chest and arms, and the victim's bridge part with his/her hand.

As a result, the defendant added the left-hand side and the upper part of the body, which requires treatment for about 10 days, and at the same time interfered with the legitimate execution of duties concerning passenger guidance and maintenance of order by the victim who is a railroad worker.

Summary of Evidence

1. Legal statement of witness E;

1. A written diagnosis of injury;

1. Photographs of a witness;

1. The application of Acts and subordinate statutes to report on investigation (to hear statements made by suspects);

1. Article 78 (1), Article 49 (2) of the relevant Act on the Safety of Railroad Workers (the point of obstructing the performance of duties by railroad workers) and Article 257 (1) of the Criminal Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The necessity of the medical treatment order under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, and the reason for sentencing, the Defendant inflicted an injury on the victim, who is a railroad employee, and interfered with his/her duties within the guest room without any justifiable reason. As such, the Defendant appears to have suffered a huge mental shock, and the nature of the crime is not good.

Moreover, the defendant is identical to that of the last three years.

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