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(영문) 서울중앙지방법원 2015.10.29 2015고단3022
철도안전법위반등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Defluence;

A. On April 13, 2015, around 16:40, the Defendant, within the subway No. 4296, the subway No. 4296, which started in the Seoul Station and is proceeding in a third-party area, expressed to the victim C (year 41) who restrains himself/herself even though many and unspecified passengers were, and publicly insultingd the victim, “Neh, Mani, chrop chrop.”

B. The Defendant:

At around 17:00 on the same day, at the Dongjak-gu Seoul Metropolitan Government Dongjak-dong 121-5, the victim openly insultd the victim by referring to the victim, “A flusium, flusium flusium flusium flusium flusium flusium flusium flusium, flusium flusium, flusium flusium flusium, flusium flusium, flusium flusium, and flusium flusium flusium flusium.”

2. No person who violates the Railroad Safety Act shall interfere with the performance of duties of railroad workers by assaulting or threatening them;

The defendant 1.B.

At the same time, at a place, and at the same time, at a place as set forth in paragraph (1), the railroad worker C, etc., filed a complaint against the measures he / she left, and assaulted C, such as: “C, in accordance with the spirit of imprisonment, flaz” and “C’s flaz,” and “C’s flaz,” and “C’s flab flab,” and flabing C’s flab and flab on a drinking face once.

Accordingly, the Defendant interfered with the legitimate execution of duties by railroad workers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of insult: Article 311 of the Criminal Act and the choice of imprisonment;

(b) point of interference with the performance of duties by railroad workers: Articles 78 (1) and 49 (2) of the Railroad Safety Act, the selection of imprisonment;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (within the scope of the sum of the long-term punishments) of the Criminal Act are as follows.

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