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(영문) 서울남부지방법원 2017.09.27 2017고단2839
철도안전법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years 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 due to violence or intimidation.

Nevertheless, at around 20:40 on May 13, 2017, the Defendant, at the opening of subway C Line 9 located in Gangseo-gu Seoul Metropolitan Government, filed a dispute with the victim D (26 tax) who is a service-based employee of the Seoul Metropolitan Government metroline 9, due to normal operation of transportation cards with the victim D (26 tax) who is a service-based employee of the Seoul Metropolitan Government, and made an assault with the victim D's flabbbbing, making the victim's flabing, making the part of the victim D's face flab, and flabing the victim D's fingers, and flabing the victim D's fingers for treatment for about 21 days. The Defendant continued to put the victim E (33 years old) who is the victim's face and flabing the victim's body into the victim's wall E and flabing the victim's body E.

Accordingly, the defendant abused victims, interfered with the performance of duties by railroad workers, and at the same time injured victims D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written diagnosis of injury;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of injury to victims D and the crimes of violation of the Railroad Safety Act);

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended sentences according to the sentencing criteria;

A. In the sentencing guidelines for the crime of injury to victims D and the crime of violation of the Railroad Safety Act, the sentencing guidelines did not provide a separate processing method for the commercial concurrent crimes, but also for the commercial concurrent crimes.

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